Posted by Nydia Streets of Streets Law in Florida Divorce
When calculating Florida child support and alimony obligations, careful review of a party’s income and allowable deductions is important to ensure that a party is not overpaying or underpaying support. When a party is self-employed or has a complicated compensation scenario, it may be necessary to enlist an accountant to help with calculations and determination of income. The calculation of modified support was an issue in the case Graham v. Graham, 5D21-1389 (Fla. 5th DCA April 22, 2022).
The parties were apparently before the court on a divorce matter. An amended final judgment was entered that increased the former husband’s alimony and child support obligations. It did so by including in his 2020 income over $95,000 paid by the former husband’s law firm to the IRS for his personal obligations. The former husband appealed, arguing this amount was double-counted because it was previously counted toward his 2019 income even though the funds were not distributed to him at that time.
The appellate court agreed and reversed, holding “Based on the undisputed evidence at trial, we agree and reverse. See Haeberli v. Haeberli, 310 So. 3d 108, 110 (Fla. 5th DCA 2020) (‘A trial court’s order modifying alimony is subject to an abuse of discretion standard of review, and the court’s factual findings will not be disturbed as long as they are supported by competent substantial evidence.’ (citations omitted)). On remand, the trial court should reconsider alimony, child support, and arrearages based on its corrected calculation of Former Husband’s income.”
To go over how child support or alimony should be calculated in your case, schedule a consultation with a Miami divorce lawyer.