Posted by Nydia Streets of Streets Law in Florida Child Support

Florida child support guidelines can include child care expenses necessary to support a parent’s work hours. The guidelines apportion to each parent their share of responsibility for child care payments, in addition to the base support amount. When calculating support for more than one child, it is necessary to include a schedule of reduction of child support once the oldest child is no longer eligible for support. In doing so, it is necessary to remove from the calculation current child care obligations. This was an issue in the case J.T.K. v. Dept. of Revenue, 2D20-2238 (Fla. 2d DCA January 19, 2022).

The parties were involved in an administrative child support proceeding. The mother provided evidence that child care for the parties’ two children amounted to $1,841 per month. Child support was calculated to include this monthly amount, bringing the father’s monthly obligation to $2,124 per month with a reduction to $1,779 per month upon the oldest child turning 18. The reduced amount included the current $1,841 child care expense even though this was for two children. The father appealed.

The appellate court agreed with the father, holding “The guidelines worksheet used to calculate the step-down obligation in this case includes $1,841 in childcare costs, which the Mother's testimony reflects is the current cost of childcare for both children. However, the step-down obligation only kicks in upon the termination of the Father's obligation to support A.D.K., with the earliest possible date being A.D.K.'s eighteenth birthday, at which point A.D.K. will no longer require childcare. For this reason, it was error to include childcare costs for A.D.K. in calculating the amount of the Father's step-down obligation.”

The court also noted “The Department of Revenue argues that even if the Father's obligation to pay child support is reduced due to A.D.K.'s emancipation, he could potentially be required to ‘pay at the same rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full.’ § 61.14(10)(b), Fla. Stat. (2019). However, even assuming the father is required to continue paying $2,124 per month after the emancipation of A.D.K., the statute requires that any amounts paid in excess of the then-current obligation ‘shall be credited against the arrearages, retroactive support, delinquency, and costs owed.’ Id. In that situation, an excessive step-down obligation would still be problematic because it would reduce the portion of any payments that would be credited towards any amounts due under the statute.”

Schedule your consultation with a Miami child support lawyer to understand how the law may apply to the facts of your case.