The calculation of how much child support you will have to pay, or the amount you are entitled to receive, is determined by Florida Statutes 61, 30. Child support is determined based on a formula that uses the net income of both parents. Whether you are the spouse who will receive child support in a divorce situation or the spouse who will pay support, you may not know what is considered income when the courts calculate child support amounts. In the state of Florida, when child custody is arranged in a divorce case (or a paternity case), child support is required to be calculated.
Florida Statute 61.30 sets payment amounts based on the number of children involved and the income earned by both parents. Unless there are circumstances that require a deviation, the court will normally order a child support payment described by law. Because these guidelines use income as one of the main determinants of a child support order, it is essential that you understand what the court will use to determine your earned income. The amounts parents pay for child support can vary greatly.
In Florida, the payment amount is based on the combined net monthly income of both parents. Net income refers to the remainder after deductions are subtracted from gross income. These deductions include expenses such as taxes and retirement plan payments. Child support is based on your net income.
The difference between your net and gross income is the allowable deductions. This isn't necessarily your take-home payment. The estimated child support to be paid each month is calculated using the gross and net monthly income of both parents. The amount of child support and how much each parent will be required to pay can vary based on several factors.
Florida child support calculator determines amount of payments, majority parent and non-majority partner. After this resolution, child support lawyers help calculate child support and net income for both parents based on their gross income, minus deductibles. LaFrance Law is a team of Tampa-area lawyers committed to ensuring that your child support plan is fair to both parties and, above all, to the children in question. The court automatically has the discretion to set child support five percent above or below the amount indicated in the guidelines.
Once the court has calculated your total income, the judge will use this number to determine how much child support is owed under the Florida Statute Child Support Guidelines 61,30. In a nutshell, the non-custodial parent is authorized to pay the custodial parent monthly child support that varies between 40% and 60% based on his income estimates, under Florida family law. If the payments cannot help child care under Florida law, the court allows modification of the child support payment. These guidelines are used the first time child support is ordered and each time the amount of support changes.
Although the guidelines seem like a rigid set of rules that the court must follow, they have some flexibility in determining the amount of child support in a case. If one or both parents are unable to care for their children due to work obligations, then child support can be used to cover expenses. If you have further questions about the income considered when calculating child support or what other deductions you may be entitled to, contact Orlando family law attorneys at Adams& Luka. If a parent fails to comply with court-ordered visitation or timeshare schedules, child support payment amounts can be adjusted.
In Florida, both parents have a legal obligation to keep their children within their financial capacity to do so. If the parents were not previously married, child support in Florida is calculated to allow the same level of financial support as if they lived in a two-parent household. We also help with child support modifications in cases where you received a salary increase, change jobs, or if you lost your job. What you pay for your own health insurance is deductible, while what you pay for children is treated differently in the child support calculator.
Leave a Comment