How is Child Support Calculated in Florida? Florida Statute 61.39(2)(a)(1-14) determines that monthly income for purposes of calculating child support in Florida is based on at least fourteen considerations. We will go some of the most interesting considerations the court may apply when calculating child support in Florida. Looking closely at the child support factors can help you have a better idea of how much you may owe or be owed when your family law case is resolved. Going into mediation or a hearing, or trial knowing (within reason and within a range) can make a difference in how you approach your case. Jacobs Law Firm, Orlando child support lawyer can explain the Florida child support calculations to help you understand your potential obligations. Dial 407-335-8113 today to speak with a child support lawyer.
Pursuant to the Statute, “gross” income is based partly on a party’s salary ($25,000, $50,000, $100,000, etc.). Any bonuses (Christmas or performance bonuses) a party may receive from their employer are added to the Florida child support calculation. This includes commissions (sales commissions for example), overtime pay (for working beyond 40 or so hours per week or beyond a certain number of hours per day), tips (at least those that can be proven based on tax records and receipts or those that are admitted to), and similar forms of additional income beyond one’s base salary. Let’s move on to some of the other child support considerations.
Calculating Child Support in Florida
Calculating child support in Florida may also involve figuring out a party’s business income. Business income emanates from entities such as corporations, partnerships, limited liability corporations, and includes gross business income once ordinary business expenses (paperclips, reasonable advertisements, salaries for employees, rent, internet, electricity, etc.). Business income is determined from examining business records and preparing accurate profit and loss statements.
Some litigants and observers find it surprising that disability benefits are subject to child support calculations in Florida. The same goes for worker’s compensation benefits and settlements. They are part of the Florida child support calculations. Military housing stipends may also be used for calculating a party’s income for child support. The reasoning is that children’s health and welfare are paramount above all else.
Florida Child Support Calculations
Unemployment benefits are subject to Florida child support calculations. A party’s pension, retirement accounts (IRA accounts for example), and dividends are considered part of the calculus. Look out octogenarian dads and moms, your social security benefits are subject to Florida’s child support laws!
Alimony/spousal support payments that a party receives from a prior marriage are counted for purposes of figuring out child support payments. If a party earns rental income from renting out their properties, that gross income (with subtractions for AC and heating repairs, lighting, roofing, etc.) will be used for calculating child support in Florida.
Daycare expenses are generally included in child support calculations and each party’s obligation is determined based on their incomes.
How is child support calculated in Florida? We have covered ten considerations that are prominently featured in child support litigation. In other articles we will concentrate on other child support, jurisdiction, alimony, domestic violence, timesharing, and property issues.
Jonathan Jacobs is a caring and compassionate Orlando family law attorney. Your family judge may require that you provide an income deduction order or an income withholding order for support. Call Jacobs Law Firm at 407-335-8113 to speak with a divorce and paternity lawyer today.