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Child Support

Florida Child Support

Child support in the State of Florida is calculated by using the income of both parents as well as calculating the time spent with the non-custodial parent less any deductions allowed by the courts. There are other considerations the courts can make, but generally speaking, child support is calculated on a percentage of income basis.

Child Support Guidelines and the Florida Statutes
Income shall be determined on a monthly basis for each parent as follows:
(a) Gross income shall include, but is not limited to, the following:
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. Reemployment assistance or 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.

Source: http://www.leg.state.fl.us/ Online Sunshine

There are several different considerations the Judges can make such as imputing income to an underemployed parent when computing income percentage. Additionally, parents may not disclose all of their eligible income to the courts. It may take a skilled divorce lawyer to help uncover that information. Time sharing is also taken into consideration and the Florida statutes on child support covers how this will be credited to the payee who is exercising their time sharing.

Understanding Child Support Laws & Need for a Seasoned Child Support & Child Custody Lawyer

Although the calculation and guidelines of child support in Florida may seem to be straight forward every situation is unique.  You may know about unreported income, or you or the child’s father or mother may be in the military and specific laws regarding custody and child support and relocation would apply to active duty military as shown below. (Source: http://www.flsenate.gov)

61.13002 Temporary time-sharing modification and child support modification due to military service.

(1) If a supplemental petition or a motion for modification of time-sharing and parental responsibility is filed because a parent is activated, deployed, or temporarily assigned to military service and the parent’s ability to comply with time-sharing is materially affected as a result, the court may not issue an order or modify or amend a previous judgment or order that changes time-sharing as it existed on the date the parent was activated, deployed, or temporarily assigned to military service, except that a court may enter a temporary order to modify or amend time-sharing if there is clear and convincing evidence that the temporary modification or amendment is in the best interests of the child. However, a parent’s activation, deployment, or temporary assignment to military service and the resultant temporary disruption to the child may not be the sole factor in a court’s decision to grant a petition for or modification of permanent time-sharing and parental responsibility. When entering a temporary order under this section, the court shall consider and provide for, if feasible, contact between the military service member and his or her child, including, but not limited to, electronic communication by webcam, telephone, or other available means. The court shall also permit liberal time-sharing during periods of leave from military service, as it is in the child’s best interests to maintain the parent-child bond during the parent’s military service.
Whether you are unmarried and need to establish paternity first to obtain child support, custody and timeshare or you are a divorcing couple who will need a skilled Pinellas or CPasco County family law attorney who can represent you in all areas of your divorce such as child support, custody, alimony, equitable distribution, Wendy Doyle can assist you with your legal needs. Tenacious and unafraid, yet resourceful and ready to help families with settling disputes and challenges that arise during divorces.

Contact divorce and child support lawyer Wendy Doyle at Doyle & McCabe in Hudson/New Port Richey

Contact us in Pinellas County, for Clearwater/Largo/St. Petersburg, Florida child support cases.

(727) 824-5727

 

 

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