Florida Child Support

Florida

By Randi Dincher
We often receive calls from people who are contemplating a divorce but are really unsure of what the financial obligations are and how they come into play.

Many of you are aware that Florida has child support guidelines to assist parents, attorneys, and the court system in determining the amount of child support owed by an obligating party. In our years of handling family law matters, we are reminded in most cases that guidelines are just that, guidelines. Given the same set of facts and two attorneys making calculations, often times the results can be very different. There are many reasons for this. The child support guidelines are calculated based upon net income, or a net income earning capacity. Generally, overtime is included in income. However, if the overtime is unusual, it should not be to be included in income. Income from second jobs may also be included. However, there are exceptions to this also.

Deductions from gross income to determine net income is also subjective. Net income is loosely defined as mandatory deductions from income (such as income taxes) and an accommodation for health insurance premiums actually paid by the parent.

Parties are required to complete financial affidavits so that child support can be calculated. Unfortunately, many times we see financial affidavits that are inaccurate or incomplete. We prefer to use actual financial records. The financial records speak for themselves and lend themselves to accurate financial affidavits.

While the child support guidelines are formula based, the resulting calculation is only as accurate as the information applied. We recommend you speak to an attorney who handles family law cases before a child support order is finalized by the court.