CALCULATING CHILD SUPPORT IN FLORIDA
Child support in Florida is calculated using the guidelines worksheet. Over the years, I have prepared hundreds of Child Support Guideline Worksheets. The worksheet contains the mathematical formula used to determine your monthly child support obligation. Florida Statute 61.30 governs child support and provides the index table which establishes a dollar value for the number of children you have.
DETERMINING CHILD SUPPORT
To determine your child support amount, follow these steps:
a) Both parties must complete a Florida Family Law Financial Affidavit, which must be filed in all family law cases. There are two versions of the Financial Affidavit, one for income under $50,000 and one for over $50,000.
b) Determine the value of the parties’ net monthly income. To determine net income subtract the value of your taxes, FICA, Medicare payments, mandatory union dues, mandatory retirement payments, monthly health insurance payments (excluding portion paid for children), court-ordered child support for a child from another relationship, and court-ordered alimony from your gross monthly income.
c) Combine the parties’ net monthly income.
d) Go to Florida Statute 61.30 and find the schedule listing combined net income and the number of children (simply google Florida Child Support Guidelines Worksheet and you will find the schedule). I will continue using a hypothetical example: you and your spouse have a combined net income of $1200 per month and have one child. Using the schedule find your combined income on the left side and the value under one child. The monthly value is $280.
e) Next, determine the percentage of each parties’ financial responsibility. Divide the individual income by the total combined net income. Example: Let’s say you make $400 of the combined $1200. 400 divided by 1200 is .33% (you are responsible for making 1/3 of the monthly income). To determine your spouse’s share divide 800 by 1200, which is .67% (2/3 of the monthly income). Now multiply $280 by .67 to determine the share of the monthly support obligation for your spouse, which is $187.60.
f) Determine the monthly value of childcare costs and their portion of health insurance.
g) Determine the value of any statutory adjustments and credits.
You can now determine the minimum monthly child support payment by adding $187.60 with the value of additional support payments (childcare and health care costs) and subtracting statutory adjustments.
h) Determine the number of overnight visits the child will be with the non-custodial parent. If the overnight visits exceed 73 nights, additional calculations will be required.
Determining child support is time-consuming, but not difficult. If you are going to do the calculations yourself, I would recommend printing the child support guidelines worksheet and reviewing it. It is self-explanatory and a good guide for a step by step explanation.
CAN THE COURT DEVIATE FROM THE GUIDELINE WORKSHEET
You should be aware that the court can deviate from the guideline amount by 5%. The court can increase or decrease the support amount by 5% without making a finding of fact. A deviation of more than 5% requires a written finding of fact.
Unfortunately, some spouses will make an effort to reduce their monthly income or quit their jobs simply to avoid paying child support. If your spouse quits his job to avoid making support payments, the court can impute income to him or her. If your spouse leaves their job for a different job that pays less, ask the court to find that your spouse is underemployed.
FILING THE DOCUMENTS
After you have completed the Florida Family Law Financial Affidavit and the Child Support Guidelines Worksheet, both documents must be filed with the clerk of the court.
If you want strong, experienced counsel to assist you, then feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.