Articles Posted in Child Support Guidelines

Published on:

Supplemental security income or as more commonly known as a SSI  benefits, are in fact included in your income when it comes time to calculating child support in Florida.

Florida is, however, in the minority when it comes to utilizing SSI benefits for child support calculations.  Most states exempt this type of income from an individual’s gross income when it comes time to calculating their gross income.

In Florida, child support is calculated by utilizing a formula which includes the gross income of each party from all possible sources.  Florida Statute 61.30(2) provides a non-exclusive, detailed list of items that are included in a person’s gross income in order to arrive at an accurate amount of child support that is to be paid in any particular case.

Published on:

The amount of child support paid has a direct correlation to the number of overnights that the child spends with each parent.  Therefore, child support is not just based on the respective incomes of the parents, but must also include the number of overnights that the child spends with each of the parents.

When you are seeking review of an inaccurate calculation for child support, generally the lack of having a transcript of the of the record from the trial court will be fatal to your review of any errors.  However, child support is a whole different matter, separate and apart from review of alimony or equitable distribution errors.  The reason for this is that child support is not a requirement imposed by one parent on the other, rather it is a dual obligation imposed on the parents by the State of Florida.  See Quinn v. Quinn, 169 So3rd 268 (Fla. 2nd DCA 2015).

The right of child support is a right that belongs to the child, and the parents do not have the right to waive the amount of the child’s support.

Published on:

Child support, under Florida law, is initially established by applying the Florida child support guidelines.  The child support guidelines are applied to not only a final hearing in a dissolution of marriage action, but are also applicable in temporary support proceedings

Florida Statute 61.30(1)(a) specifically states that the child support guideline amount is utilized to establish the amount of child support,  whether in a temporary or permanent proceeding.

When the court is assigned the task of determining the amount of child support that is going to be paid, a trial court is permitted to deviate from the amount of child support as provided for in the guideline amount, based on a myriad of different factors, as noted in Florida Statute 61.30(1)(a)(11).  There are 11 separate factors itemized under this statute which provide for different scenarios for deviating from the child support guidelines.  Take a few moments to read through that section to see if any of the listed factors will provide you with a basis to seek additional child support over and above the amount as set forth under the child support guidelines.