CAN FLORIDA UNEMPLOYMENT BENEFITS BE USED TO CALCULATE CHILD SUPPORT
Yes, Florida unemployment benefits can be used as income to calculate your child support obligation. Child support must be calculated in every family law matter involving minor children. All parties to a family law matter must complete a Florida Family Law Financial Affidavit. The value of your child support obligation will be determined using the parties’ net monthly income, which is determined in the financial affidavit, and applying those figures to the Child Support Guideline Worksheet.
WHAT FORMS OF INCOME CAN BE USED TO CALCULATE CHILD SUPPORT
Most forms of income will be used to determine your income for child support purposes, including the following:
- All employment-related income (salary, commissions, bonuses, overtime, tips, etc.); and
- Disability benefits; and
- Unemployment compensation; and
- Social Security; and
- Alimony; and
- Pension and annuity income.
The above list is not all-inclusive, and other forms of income can be used to determine child support.
Social Security Income (SSI) cannot be used to calculate child support and cannot be garnished.
CAN I NEGOTIATE A REDUCED GARNISHMENT AMOUNT
It is possible to negotiate a reduced garnishment percentage, which will leave you with more disposable income.
UNEMPLOYED OR UNDEREMPLOYED PARTIES AND CHILD SUPPORT
A party to a family law matter involving children and a potential child support order will often take steps to reduce their income. Some of those steps are reducing their hours, accepting a demotion, or accepting a lower-paying job at another company. A person that does this without reasonable cause is underemployed. You need to ask the court to make a finding of fact that the person is underemployed and impute his or her original income to them.
An unemployed person (not collecting unemployment benefits) can have income imputed to him or her. The court will calculate child support by imputing minimum wage based on a 40-hour workweek.
If you need strong, experienced counsel to represent your interests in a family law matter, please feel free to call or e-mail The Fuller Firm, LLC. A free phone or videoconference consultation will be scheduled. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.