Posted by Nydia Streets of Streets Law in Florida Child Support

When is it appropriate to deviate from the Florida child support guidelines? According to the Florida Statutes, a court can award a higher or lower amount of child support than indicated by the Florida child support guidelines, but if the amount exceeds a five percent difference, there must be written findings of why the guideline amount would be inappropriate or unjust under the circumstances. This was an issue in the case T.T.L. v. F.A.L., 2D22-1750 (Fla. 2d DCA July 26, 2023).

The trial court in this case noted the father’s failure to comply with orders compelling his discovery. The court found the father was not credible. After the father did not appear at the final hearing to establish child support, the court reviewed his bank statements and imputed income to him. However, it decided to award about half of the child support guidelines amount and it denied the mother’s request for attorney’s fees and costs. The mother appealed, arguing it was improper for the court to deviate from the guidelines without appropriate findings.

The appellate court agreed with the mother, holding “The court's ruling not only excuses the father's failure to engage in the paternity proceedings, but it also rewards the father for his lack of candor about his income.” It further held “Here, the trial court's written findings are legally insufficient bases for departing from the guidelines. The father's choice not to participate in the child's life does not support a reduction in his child support obligation. [internal citation omitted]. Nor does the mother's ability to provide the child with her basic needs excuse the father from supporting the child. [internal citation omitted]. The trial court based the award on the mother's financial affidavit estimating the child's expenses. In doing so, the court failed to consider that expenditures for the child's needs were limited by the mother's modest income.”

As to attorney’s fees, the trial court noted that mother did not include a request for attorney’s fees in her petition. But the appellate court ruled this was not a basis to deny her request since she was unrepresented at the time she filed her initial pleading, and that since that time, the issue of attorney’s fees was raised in motions and orders, so the father had notice attorney’s fees were at issue in the case. The court noted “Thus, the father was aware that the mother sought attorney's fees and never objected to the failure to plead attorney's fees and costs in an amended petition.” The case was remanded for the trial court to reconsider the child support award and to award attorney’s fees and costs to the mother.

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