12 Jan How to Determine Income in Order to Calculate Child Support Payments
Calculate Child Support. From time to time, a parent will come in and mention the difficulty that they are having making child support payments. They may be unemployed or under-employed and are looking for a temporary or permanent modification of those payments. In most cases, you must qualify for these types of adjustments pursuant to the income guidelines set by Florida Law.
In order to meet those qualifications, you must ascertain the amount of income that will be imputed to you. Under Florida Statute § 61.30(2)(a) (2011), income is determined on a monthly basis using the following to determine each parent’s gross income:
1. Salary or wages.
2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.
3. 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.
4. Disability benefits.
5. All workers’ compensation benefits and settlements.
6. Unemployment compensation.
7. Pension, retirement, or annuity payments.
8. Social security benefits.
9. Spousal support received from a previous marriage or court ordered in the marriage before the court.
10. Interest and dividends.
11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
12. Income from royalties, trusts, or estates.
13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
14. Gains derived from dealings in property, unless the gain is nonrecurring.
Then, under Florida Statute § 61.30(2)(a) (2011), you subtract:
(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
(b) Federal insurance contributions or self-employment tax.
(c) Mandatory union dues.
(d) Mandatory retirement payments.
(e) Health insurance payments, excluding payments for coverage of the minor child.
(f) Court-ordered support for other children which is actually paid.
(g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.
If you are in need of a child support modification order, Miami Divorce Attorney Jeffrey Alan Aenlle will be able to help. We offer free consultations.
Give us a call at 786.309.8588.