So, you’re a Jupiter parent going through a divorce. How do you know whether and how much child support you will owe?
That is not an easy question to answer, as the calculation of child support is a very complicated matter. Florida law requires the court to consider a number of factors when determining the amount of child support owed for each child. The amount may be changed through a Child Support Modification, should there be a substantial change in circumstances.
Whether it’s a first-time calculation of child support or a modification of child support, here is some of the applicable Florida law governing the calculation of child support:
Florida Statute 61.30 provides (in part):
(1)(a): … The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent.
(2): Income shall be determined on a monthly basis for each parent as follows:
- Salary or wages.
- Bonuses, commissions, allowances, overtime, tips, and other similar payments.
- 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.
- Disability benefits.
- All workers’ compensation benefits and settlements.
- Unemployment compensation.
- Pension, retirement, or annuity payments.
- Social security benefits.
- Spousal support received from a previous marriage or court ordered in the marriage before the court.
- Interest and dividends.
- Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
- Income from royalties, trusts, or estates.
- Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
- Gains derived from dealings in property, unless the gain is nonrecurring.
Subsection (2)(b)(2) provides those things which will not be considered income. (We won’t get into all those here.) The statute also provides a standard guidelines schedule to determine the minimum child support need.
In addition to income, the court will also consider child care costs, health insurance costs, and how much time each parent spends overnight with the child(ren).
As you can see, calculating child support is no easy task. You need a very experienced and qualified attorney to help you set realistic expectations for the child support amount you or your ex-spouse will likely owe, and to help ensure you receive a judgment that is fair. Most importantly is that your children receive the monetary support they are entitled to.
George E. Gelb has been practicing law in Jupiter and the surrounding areas for over 35 years. He was selected Palm Beach & Martin County’s Top Lawyers and voted a Florida SuperLawyer by his peers in the legal industry. He is very well-recognized and respected as an expert in his field. He combines his superior expertise with strong advocacy and a compassionate spirit.
If you are going through a divorce, contact our office. George Gelb will walk alongside you through this difficult time in your life, ensuring your needs are addressed and that you understand the process.