How Child Support is Calculated in Fl
This post will focus on the myth of a simple Florida child support calculator by exploring Florida Statute 61.30.
The Ethos Behind the Desire for a Florida Child Support Calculator
As a child, you were quick to dismiss your grandmother’s advice. Even her wise words that it was just as easy to fall for someone with money than to fall for someone without stacks of dead presidents in their pockets. Who could blame you? Everyone knows the parent child dynamics when it comes to advice or parent support. You were fueled by youth, innocence and the idea that the only paper you wanted from your soul mate was that which they used to write you love poems.
It was only later in life when the cute sales clerk from the Apple store came to pick you up in an old Yugo and asked to go “halfsies” on dinner at T.G.I. Fridays that the light bulb finally went off. Consequently, you returned home and cranked up some Hov. You tried to rid your memory of the evening despite a lingering smell of patchouli which had seemingly been absorbed by every pore of your body. Then Jay’s words echoed in your ears, “baby, you like Dom, maybe this Cristal’s to change your life huh, roll with the winners.”
Suddenly you realized maybe Grammy knew exactly what she was talking about after all.
Boca Raton Divorce Lawyers, The Law Office of Jordan Gerber, P.A. Decode the Florida Child Support Calculator
It seemed like the universe was sending you a message when a co-worker set you up on a blind date happy hour. Who could resist a charming trust fund baby who was happy to show you how the other half lived under their support incomes? Of course you’re no gold digger! There was real chemistry that convinced you that you would have fallen head over heels, rubber band banks or not. In fact, you spent ten years together in wedded bliss before coming to the realization that you weren’t the only lover daddy’s money was bankrolling. Hence, the only option became Palm Beach County divorce.
Your hubby hadn’t held a steady job since dropping out of Dartmouth to act as captain of his parent’s yacht five years before the two of you exchanged “I do’s”. Even then, checking a Florida child support calculator to see what you would get for your three children never crossed your mind. Therefore, you figured you didn’t need to worry about what a child support lawyer cost. You had done your due diligence and thought gifts had to be included in the calculation of your ex’s gross income for divorce support purposes. What could possibly go wrong? Consequently, this is about the time you remember your grandmother’s other words of wisdom: don’t count your chickens before they are hatched.
How is Child Support Calculated in Fl? Let’s Start with the Definition of Income for a Child Support Order
As a general rule, a Palm Beach County family court may not consider financial assistance from family or friends while determining a party’s ability to make payments. The only time these sums are included by a Florida child support calculator is if the gifts are consistent and ongoing. No problem, right? Hardly.
The caveats applied by the court are extensive to say the least. If gifts count as gross income in a child support order, there must also be proof of regular periodic payments and evidence that the payments will continue in the future. Moreover, let’s assume your ex received money which varied in frequency and amount, even if paid over several years. These gifts aren’t available as income for support purposes. To add further complexity, monies shouldn’t be counted as income if there’s any chance future gifts may be withheld. The reasoning is because dealing with the future is purely speculative.
Florida Statute 61.30 Goes Beyond a Simple Florida Child Support Calculator by Providing Specific Florida Child Support Guidelines
Furthermore, a court support award considers regular and continuous gifts provided for a specific purpose as temporary . Consequently, they’re not included as gross income for Florida child support payments or alimony. For those facing divorce where the other party isn’t afforded a stipend comparable to Peaches Geldof, pay attention. Gift income won’t be imputed because a party’s parents contributed funds to help make ends meet.
This differs from in kind expenses requiring imputation of income to a spouse for purposes of determining alimony or amounts child support payments in Florida. This happens when someone, such as an employer or parent, is paying or subsidizing a party’s monthly living expenses. Or for legal fees to manage their child support lawyer cost. Oh, and don’t get too attached to that online Florida child support calculator. Your children will thank you.
Palm Beach County Divorce Lawyers Provide the Details Of Florida Statute 61.30
Florida Statute 61.30 states several sources of gross income for child support amounts:
- Salary or wages.
- Bonuses, commissions, allowances, overtime, tips, and other similar payments.
- Business income from sources such as self-employment, partnership, close corporations, and independent contracts. Business income means gross receipts minus ordinary and necessary expenses required to produce income.
- Disability benefits.
- All workers’ compensation benefits and settlements.
- Reemployment assistance or unemployment compensation.
- Pension, retirement, or annuity payments.
- Social security benefits.
- Spousal support received from a previous marriage or court ordered alimony in the marriage before the family court.
- Interest and dividends.
- Rental income.
- Income from royalties, trusts, or estates.
- Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
- Gains derived from dealings in property, unless the gain is nonrecurring.
Boca Raton Divorce Lawyers Explain Imputed Income for Florida Child Support Calculator to Consider
- Recent work history
- Occupational qualifications, and
- Prevailing earnings level in the community if such information is available.
If the parent’s income information is:
- A parent fails to participate in a child support court proceeding, or
- A parent fails to supply adequate financial information in a child support proceeding
Imputed income to the parent is automatic for calculating Florida child support guidelines. In addition, there’s a legal presumption that the parent has income equivalent to the median income of year-round full-time workers as published by the United States Bureau of the Census. However, the court may refuse to impute income for a child support order if it’s necessary for women to stay home with a child. To order imputed income child support other than stated above, the party seeking to impute income has the burden to present competent, substantial evidence.
- That the unemployment or underemployment is voluntary.
- Identifies the amount and source of the imputed income. This is proven through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location. Consequently, for the court to order child support based on imputed income, jobs must be available to the parent.
Click Boca Raton Child Support Attorneys today to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida. Assisting with all Florida family law issues.
Family Divorce Lawyers Boca Raton Practice Areas Include:
Simplified Dissolution of Marriage
Child Custody Laws
Florida Parenting Plan
Time Sharing In Florida
Florida Child Support Payments
Child Support After Divorce
Florida Statute 61.30
Palm Beach County Child Support Worksheet
Florida Child Support Calculator
Florida Child Custody Laws
Modification of Child Support Payments
Child Support Enforcement