17 Jan Florida Child Support Payments: How Do I Determine My Basic Obligation?
Child Support Payment Calculations
How do I Calculate Monthly Net Income for Purposes of Child Support Payments? In order to make a determination as to the amount you will be making in Florida Child Support payments on a monthly basis, you will need to gather some information.
1. Monthly Net Income,
2. Monthly Child Care Payments Actually Made,
2. Monthly Health Insurance Payments Actually Made,
4. Monthly Health Insurance Payments Actually Made,
5. Overnight Stays with Parent Each Year (If using the “Gross Up” method to calculate the obligation)
How is the Monthly Net Income Calculated?
Under Florida Statute §61.30(5), net income, for the purpose of Child Support Payments is Gross Income subtracting the following expenses:
(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.
How is the Monthly Gross Income Calculated?
Under Florida Statute §61.30(2)(a), gross monthly income for purposes of child support payments is calculated as the addition of:
(1) Salary or wages.
(2) Bonuses, commissions, allowances, overtime, tips, and other similar payments that are regular and continuous [see [ii], below].
(3) Business income, which equals gross receipts from sources such as self-employment, partnership interests, close corporations, and independent contracts, less ordinary and necessary expenses required to produce income [see Zold v. Zold, 911 So. 2d 1222 (Fla. 2005) (business income referred to in child support statute is income that is actually available to parent); see also [ii], below].
(4) Disability benefits.
(5) All workers’ compensation benefits and settlements.
(6) Unemployment compensation benefits.
(7) Pension, retirement, and annuity payments.
(8) Social security payments received directly by a parent as a result of his or her retirement or disability, and social security benefits paid to his or her child as a result of the parent’s retirement or disability [see Wallace v. Department of Revenue, 774 So. 2d 804, 806-08 (Fla. 2d DCA 2000) ; Williams v. Williams, 560 So. 2d 308, 310 (Fla. 1st DCA 1990) ; see also [ii], below].
(9) Disability benefits paid by the Veteran’s Administration (VA) to the parent as a result of his or her disability, including benefits paid by the VA to the disabled parent for his or her child [see Maslow v. Edwards, 59 So. 3d 299, 300 (Fla. 5th DCA 2011)] .
(10) Spousal support received from previous marriage or ordered by the court in the marriage before the court.
(11) Interest and dividends.
(12) Rental income, which equals gross receipts less ordinary and necessary expenses required to produce income.
(13) Income from royalties, trusts, and estates.
(14) Reimbursed expenses and payments in kind to the extent they reduce living expenses [see [iii], below].
(15) Gains derived from dealings in property, unless the gain is nonrecurring.
If you have any questions regarding the Calculation of Child Support Payments under Florida law, give us a call.
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