Posted by Nydia Streets of Streets Law in Florida Child Support

The Florida child support guidelines are a starting point for the court to decide child support. Florida Statute Chp. 61.30 states how child support is calculated and what needs to be considered. This includes deductions from gross income that must be made in determining each parent’s net income. This was an issue in the case Velasco v. Solley, 4D22-2494 (Fla. 4th DCA April 5, 2023).

In this paternity case, temporary child support was awarded to the father based on the court’s calculation of child support which included the mother’s gross income. The mother appealed. The appellate court reversed, holding “The guidelines first require the trial court to calculate the parties’ gross monthly incomes. § 61.30(2), Fla. Stat. (2022). Net monthly income for each parent is then determined by subtracting statutory deductions from gross income. § 61.30(3)-(4), Fla. Stat. (2022). After arriving at a combined net monthly income, and applying that figure to the guidelines schedule, the trial court determines each parent’s percentage share of the child support need ‘by dividing each parent’s net monthly income by the combined net monthly income.’ § 61.30(9), Fla. Stat. (2022). Here, the support guidelines worksheet attached to the trial court’s temporary relief order fails to subtract allowable deductions from the mother’s gross monthly income. It is reversable error to calculate child support using gross income, as opposed to net income. McKenzie v. McKenzie, 254 So. 3d 993, 995 (Fla. 4th DCA 2018).”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.