CopyCited 87 times | Published | Supreme Court of Florida | 2000 WL 766521
...te attorney, and not the trial court, who has the authority to determine (in the exercise of prosecutorial discretion) whether or not to seek sentencing under the Act. Cf. Finley v. Scott,
707 So.2d 1112, 1116-1117 (Fla.1998) (accepting amendment to section
61.30(1)(a), Florida Statutes, as clarifying legislative intent "that the trial court's decision as to a variant amount is to be based on these factors now listed in section
61.30(1)(a)")(citing Parole Comm'n v....
CopyCited 49 times | Published | Florida 4th District Court of Appeal | 2003 WL 1038986
...ER ERRED IN NOT MAKING REQUIRED FINDINGS. A child support determination is within the sound discretion of the trial court, subject to the statutory guidelines and the reasonableness test. Stanton v. Stanton,
648 So.2d 1233, 1234 (Fla. 4th DCA 1995). Section
61.30(9), Florida Statutes, provides the statutory formula which must be used to determine each parent's actual dollar share....
CopyCited 41 times | Published | Florida 4th District Court of Appeal | 1998 WL 130021
...ony); see also Aresty,
667 So.2d at 846 (same); Campbell v. Campbell,
432 So.2d 666, 668 (Fla. 5th DCA 1983)(same). [2] IV. THE TRIAL COURT ABUSED ITS DISCRETION IN ITS AWARD OF CHILD SUPPORT TO THE WIFE In establishing the child support guidelines, section
61.30, Florida Statutes (1993), the legislature established a presumptive amount that the trier of fact shall order as child support. See §
61.30(1)(a). Section
61.30(1)(a) further provides that: The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate....
...[3] Therefore, we reverse the child support award and remand to the trial court for the court to reconsider and to make specific findings as to the amount and source of the parties' actual income and any imputed income, or to set forth its reasons for deviating from the guideline amounts in accordance with section 61.30(1)(a)....
...Crowley,
672 So.2d 597, 600 (Fla. 1st DCA), rev. denied,
680 So.2d 421 (Fla.1996)(past income should not take precedence over uncontroverted evidence of spouse's present income in determining ability to pay). Furthermore, the final judgment erroneously cited section
61.30(1)(b)(2), which no longer exists, in support of the finding that the guidelines were inapplicable because the combined net income of the parties exceeded the specified statutory amount....
...Even applying the highest estimate of the Husband's annual income, $120,000, the parties' combined net incomes still would not exceed the highest monthly net income amount of $10,000 provided for in the child support guidelines chart. Assuming, arguendo, that the incomes did exceed the statutory guidelines amount, section 61.30(6) provides for the court's calculation of support awards based on combined net monthly incomes in excess of $10,000....
CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7029, 2010 WL 2010841
...Because the parties failed to arrange for a recording of the hearing on the petition to modify, our review is limited to errors that occur on the face of the final judgment. Mobley v. Mobley,
18 So.3d 724, 725 (Fla. 2d DCA 2009); Soto v. Soto,
974 So.2d 403, 404 (Fla. 2d DCA 2007). 1. Findings of Fact Section
61.30, Florida Statutes (2006), provides guidelines establishing the amount of child support to be awarded based on the parties' combined net monthly incomes. If the award deviates from the guidelines by more than five percent, the final judgment must explain why the guidelines amount is unjust or inappropriate. §
61.30(1)(a). To calculate the award of child support, the court should add the net monthly incomes for both parties together and look to the statutory chart to determine the corresponding minimum child support need. §
61.30(5-6). The court then calculates each party's percentage share of the child support need by dividing their net monthly income by the combined net monthly income. §
61.30(9). Each party's actual dollar share is then calculated by multiplying the minimum child support need by the party's percentage share. §
61.30(10)....
...y the fact that the award is nearly seventy percent of his income as listed on his financial affidavit. [1] 2. Child Care Expenses The Former Husband argues that the trial court erred by ordering the parties to equally share the child care expenses. Section 61.30(7) provides, in pertinent part, as follows: Child care costs incurred on behalf of the children due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent shall be reduced by 25 percent and then shall be added to the basic obligation....
...noncustodial parent's child support obligation for that child or those children. The Former Husband correctly argues that the court should have included seventy-five percent of the child care expenses in the basic child support amount as required by section 61.30(7)....
...This error is apparent on the face of the record because the court instead ordered that the parents equally share child care expenses. 3. Noncovered Medical, Dental, and Prescription Medication Expenses The Former Husband argues that the trial court failed to comply with section 61.30(8) in ordering the parties to equally share the child's noncovered medical, *141 dental, and prescription medication expenses. Section 61.30(8) provides, in pertinent part, as follows: Health insurance costs resulting from coverage ordered pursuant to s....
...NOTES [1] Indeed, if the child support obligation is calculated from the parties' incomes as listed on their financial affidavits without consideration for child care costs, the total child support obligation would be $654 and the Former Husband's monthly obligation would be approximately $235. See § 61.30(6), (9), (10).
CopyCited 28 times | Published | Florida 2nd District Court of Appeal | 1998 WL 796713
...needed so as to demand the salary anticipated by the parties. Thus, even though the former wife never earned $30,000 in her life, that annual income can be imputed to her because of the special but reasonable anticipations of the parties' agreement. Section 61.30(2)(b), Florida Statutes (1997), sets forth the requirements for imputing income: Income [on a monthly basis] shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on t...
...nd should reasonably be receiving in some respect." The trial court added this amount as additional net income to the former wife. We reverse because no statutory provision authorizes the trial court to include this amount in calculating net income. Section 61.30(4) provides that net income shall be computed by subtracting allowable deductions from gross income. Gross income includes only those items listed in 61.30(2)(a), one of which is "reimbursed expenses or in kind payments to the extent that they reduce living expenses." We believe that the legislature intended the "reimbursed expenses and in kind payments" to cover items such as food, housing and vehicles furnished by the employer who is paying wages....
...to cover his child support obligation. The trial court found that the former husband's life insurance to secure his child support was, like the health insurance, "in the nature of support and reduce[d] his net disposable income by the same amount." Section 61.30(3) does not include life insurance as an allowable deduction from gross income....
CopyCited 28 times | Published | Supreme Court of Florida | 1997 WL 296971
...rders regarding child support, additionally provides: (1)(a) In a proceeding for dissolution of marriage, the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in s. 61.30....
...Under this rule, even if a payor parent experiences a reduction in income or net worth, a request for a reduction in child support payments may be denied if that parent has the ability to provide the necessary support. See, e.g., Hayden v. Hayden,
662 So.2d 713 (Fla. 4th DCA 1995). To that end, section
61.30, Florida Statutes (1995), which sets forth guidelines to be followed in establishing the amount of child support that must be paid, provides: Income shall be imputed to an unemployed or underemployed parent when such [unemployment] or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control. Id. §
61.30(2)(b)(emphasis added)....
CopyCited 28 times | Published | Florida 4th District Court of Appeal | 1999 WL 17921
...We hold that the trial court did not abuse its discretion in the amount of alimony, but with respect to both alimony and child support we reverse the calculations for recomputation of the amount of income properly imputed to each party and to take into account the guidelines of section 61.30, Florida Statutes (1997)....
...For purposes of child support, the trial court must impute income to a voluntarily unemployed or underemployed parent unless the lack of employment is the result of the spouse's physical incapacity or other circumstances beyond the parent's control. See § 61.30(2)(b)....
...ing the presumptive amount of child support from the tables, we cannot determine whether the amount awarded varies more than five percent from the guidelines amount, which would require the trial court to provide written reasons for a deviation. See §
61.30(1)(a); see also Jones v. Jones,
636 So.2d 867, 868-69 (Fla. 4th DCA 1994). Nevertheless, we hold that the trial court did not err in including the husband's bonuses in the calculation of his income. Section
61.30(2)(a)1 requires the inclusion of bonuses in a spouse's income for purposes of child support, and section
61.08(2)(g) requires the consideration of all sources of income available to either spouse in the computation of an award of alimony....
...Brewster,
629 So.2d 1092, 1093 (Fla. 4th DCA 1994). We thus reverse the awards of alimony and child support for further findings concerning the amount of income attributable to each party and for recalculation of the child support pursuant to the guidelines of section
61.30. We point out that in calculating the husband's income for child support, the only deductions allowed from his salary are those listed in section
61.30(3). Furthermore, alimony is treated as income to the wife under section
61.30(2)(a)9 and a deduction from the husband's income under section
61.30(3)(g)....
CopyCited 27 times | Published | Florida 1st District Court of Appeal | 2002 WL 31295118
...ty to pay existed when dissolution petition was filed); Campbell v. Campbell,
635 So.2d 44 (Fla. 1st DCA 1994). The child support guidelines presumptively establish the amount to be ordered as child support in an initial proceeding for such support. §
61.30(1)(a), Fla....
...ed into evidence by each party" and constitutes Appellant's "guidelines obligation." The support guidelines statute requires the trial court to determine the obligor's and obligee's respective monthly incomes according to certain enumerated factors. § 61.30(2), Fla. Stat. (2000). Then, each parent's percentage share of the support need is calculated by dividing the respective net income by the combined net income. § 61.30(9). "Each parent's actual dollar share of the child support need shall be determined by multiplying the minimum child support need by each parent's percentage share." § 61.30(10)....
...efore determining his percentage of the support. To support her position, Appellant relies on Bryan v. Bryan,
765 So.2d 829 (Fla. 1st DCA 2000); Cooper; and Thomas v. Thomas,
712 So.2d 822 (Fla. 2d DCA 1998). In Bryan, we recognized that pursuant to section
61.30(2), fair rental value is a factor to be considered in determining "income." From the instant record, it appears the trial court failed to take into account the fair rental value of the former marital residence....
CopyCited 27 times | Published | Florida 1st District Court of Appeal | 1996 WL 4907
...agraph verbatim. One year after the divorce and pursuant to the above-cited provision in the final judgment, appellant filed a motion to modify the child support award which requested that a child support amount be determined under the guidelines in section 61.30, Florida Statutes....
...We hold that the trial court abused its discretion by denying appellant's motion for modification of the child support award. The cause is reversed and remanded with directions that the trial court determine a child support amount for the husband pursuant to the guidelines in section 61.30, Florida Statutes....
CopyCited 26 times | Published | Supreme Court of Florida | 1998 WL 29648
...This is a paternity action brought in the circuit court of Orange County by Finley, the mother of a child born February 20, 1993. The complaint sought determination that Scott was the biological father of the child and also sought support for the child pursuant to section 61.30, Florida Statutes (1993)....
...ild's biological father and ordered temporary child *1114 support in the amount of $5000 per month. The trial court's order states that the amount of temporary child support is less than the amount dictated by the child support guidelines imposed by section 61.30(6), Florida Statutes (1993), which would have required child support exceeding $10,000 per month because Scott's gross monthly income was approximately $266,926....
...The trial court found that this Court recently stressed in Miller v. Schou,
616 So.2d 436 (Fla.1993), that "[t]he child is only entitled to share in the good fortune of his parent consistent with an appropriate lifestyle." Id. at 439. The trial court found, based upon section
61.30(1)(a), Florida Statutes (1993), that a court may order a variance of more than five percent from the child support guideline upon a written finding as to why the payments of the guideline amount would be unjust or inappropriate....
...r and promote an appropriate lifestyle for her." Final Judgment of Paternity at 14, Finley v. Scott, No. DR93-10246 (Fla. 9th Circ.Ct., Dec. 30, 1994). The trial court further found that $5000 per month "achieves a more equitable result" pursuant to section 61.30(11)(k), Florida Statutes (1993)....
...Regarding the appropriate amount of child support, Judge Goshorn wrote: In the present case, I find that the trial court correctly determined that it was not bound to mathematically apply the guideline amount; rather, it properly concluded that paragraph 61.30(1)(a) could be applied to situations such as this where the guideline amount would yield an unintended and unreasonable result. See also § 61.30(11)(k), Fla....
...We agree with Judge Goshorn's opinion endorsing a support amount of $5000, the amount awarded by the trial court. As the trial court's final judgment recognized, the correct analysis of the amount of child support appropriate in this case begins with section 61.30(1)(a), Florida Statutes (1993), which provides: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such suppo...
...The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate. This section is followed by section 61.30(6), Florida Statutes (1993), which provides a schedule to be applied in determining the minimum child support need according to combined income and number of children. We find that the schedule for determining the amount of child support, presumed to be the amount a trial judge awards under section 61.30(6), is clearly rebuttable....
...[3] The trial court is given the specific authority to order payment of child support which varies more than five percent from the schedule upon a written finding or specific finding on the record explaining why ordering payment of such guideline amount would be unjust or inappropriate. § 61.30(1)(a), Fla. Stat. (1993). Furthermore, in determining child support, the trial court is to consider section 61.30(11)(k), Florida Statutes (1993), which allows for an equitable adjustment of the minimum child support obligation based upon the facts and circumstances of a particular case....
...mstances of each parent and will therefore foster and promote an appropriate lifestyle for her. Final Judgment of Paternity at 13-14. Consideration of both the bona fide needs of the child and the financial circumstances of each parent complies with section 61.30, Florida Statutes (1993), and with our decision in Schou....
...deline amounts found to be unjust or inappropriate. The actual expenditure for the needs of the child is evidence the trial court should weigh in determining whether to vary the amount from the guideline formula. We note that the legislature amended section 61.30(1)(a) in 1994 by adding a phrase: The trier of fact, 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, may...
...(underscoring indicates additions). Although the 1993 statute applies to this case, we accept the addition of this sentence to the statute as clarifying legislative intent that the trial court's decision as to a variant amount is to be based on these factors now listed in section 61.30(1)(a)....
...Once the probate court determined a need for a guardianship of the property, *1118 then the trial court in the support proceeding could use the guardian to protect the portion of the child support payment that the trial court determined pursuant to section 61.30 was not needed for the child's day-to-day custodial expenses....
...of an appropriate amount of support in these cases and will not, as Schou argues, create a class of children who are unduly pampered in the name of *1119 sharing in the noncustodial parent's good fortune. Id. at 438-39 (footnote omitted). NOTES [1] Section 61.30(6), Florida Statutes (1993), provides a schedule for computing minimum child support need based on income and number of children....
...t the basic necessities of survival. The child of a multimillionaire would be entitled to share in that standard of living ... and would accordingly be entitled to a greater award of child support...." Schou,
616 So.2d at 438 (citation omitted). [3] Section
61.30, Florida Statutes (1993), creating rebuttable child support guidelines, is in conformity with 45 C.F.R....
CopyCited 25 times | Published | Supreme Court of Florida | 2005 WL 2230403
...(2004), and may consider "any other factor necessary to do equity and justice between the parties." §
61.08(2), Fla. Stat. (2004). Similarly, the child support guidelines establish that the presumptive amount of support is based on the parties' "combined monthly available income." §
61.30(6), Fla....
...of income except for purposes of establishing an amount of support. *1229 (Emphasis supplied.) This definition applies to the determination of income attributable to a spouse for purposes of determining awards of alimony and attorney's fees. Second, section
61.30, Florida Statutes (2004), defines "gross income" for child support purposes in part as including: 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. §
61.30(2)(a)(3), Fla. Stat. (2004) (emphasis supplied). Although sections
61.046(7) and
61.30(2)(a)(3) utilize different language to define income, both statutory provisions focus on income that is available to a spouse....
...Thus, the term "payment" connotes something that is given to or received by an individual and, hence, is available to the individual to satisfy financial obligations imposed by the trial court during dissolution proceedings. Similarly, in defining business income attributable to a spouse when computing child support, section 61.30(2)(a)(3) expressly excludes any portion of business income that is needed to satisfy the business's "ordinary and necessary expenses required to produce income." These funds are excluded because they are expected to be used by the busin...
...ee v. Volusia County,
679 So.2d 729, 730 n. 1 (Fla.1996) (stating that the doctrine of in pari materia requires courts to construe related statutes together so that they are harmonized). *1230 We conclude that construed together, sections
61.046(7),
61.30(2)(a)(3),
61.08(2)(g),
61.30(6), and
61.16(1), reflect legislative intent that trial courts consider only that portion of a spouse's income that is available to the spouse. In fact, both section
61.08(2)(g), which concerns alimony, and section
61.30(6), which concerns child support, expressly refer to income that is available to a spouse. See §
61.08(2)(g) (stating that the trial court is to consider "all sources of income available to either party") (emphasis supplied); §
61.30(6) (stating that the trial court is to consider the parties' "combined monthly available income") (emphasis supplied)....
...porate purposes does not constitute income within the meaning of chapter 61. Specifically, undistributed "pass-through" income that has been retained for corporate purposes is not available "income" under section
61.046(7) or "business income" under section
61.30(2)(a)(3)....
...In contrast, where undistributed "pass-through" income has been retained for noncorporate purposes, such as to shield this income from the reach of the other spouse during dissolution, the improper motive for its retention *1232 makes it available "income" under section
61.046(7) or "business income" under section
61.30(2)(a)(3)....
...the necessary funds."). [8] See also Finley v. Scott,
707 So.2d 1112, 1116 (Fla.1998) ("Consideration of both the bona fide needs of the child and the financial circumstances of each parent complies with [the child support guidelines enumerated in] section
61.30, Florida Statutes (1993).")....
...k to each spouse's need for suit money versus each spouse's respective ability to pay"). [10] Section
61.046 was enacted in 1986. See ch. 86-220, § 113, Laws of Fla. One year later, the Legislature enacted the child support guidelines enumerated in section
61.30. See ch. 87-95, § 3, Laws of Fla. Both sections
61.046 and
61.30 were enacted in response to 1984 federal legislation that amended the Social Security Act to require states to adopt certain specified procedures designed to improve collection of child support, including the enactment of child support guidelines....
...on Com., CS for SB 670 and CS for SB 224 (1986) Staff Analysis 2-3 (May 7, 1986) (on file with comm.); Fla. H.R. Comm. on HRS, CS for SB 631 (1987) Staff Analysis 1, 2 (June 11, 1987) (on file with comm.). [11] Of course, this includes imputed income under section 61.30(2)(b), Florida Statutes (2004), for those spouses found to be voluntarily "unemployed or underemployed." [12] Martinez and Sohacki both concerned "pass-through" income of an S corporation....
CopyCited 25 times | Published | Florida 1st District Court of Appeal | 1999 WL 560268
...ecent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for a parent to stay home with the child. § 61.30(2)(b), Fla....
...s a matter of moral obligation to [their] children" so that the children could be reared "correctly." "[A]bsent physical or mental incapacity or other circumstances over which the parent has no control," unemployment or underemployment is voluntary. §
61.30(2)(b); Thilem,
662 So.2d at 1316; Polley v....
CopyCited 25 times | Published | Supreme Court of Florida | 1993 WL 102014
...[2] Our position would be the same even if Schou had stipulated that he had the financial ability to pay any reasonable award of child support. [3] This basic principle is recognized in the statutory child support guidelines, which award greater support as the parents' income increases. Section 61.30, Fla....
CopyCited 24 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21471693
...CHILD SUPPORT ORDERCASE NUMBER 2D02-2301 As to the post- Wendel I child support order, the Former Husband contends that the trial court erred in imputing $65,000 in income to him for purposes of calculating his child support obligation. We agree. Section 61.30(2)(b), Florida Statutes (2001), requires the trial court to impute income to an unemployed or underemployed parent "when such employment or underemployment is found to be voluntary on that parent's part." This requires a finding that the parent is capable of earning more by the use of his or her best efforts....
...ccessful in obtaining employment despite various interviews). In addition, if the trial court decides to impute income, it must consider the parent's "recent work history, occupational qualifications, and prevailing earnings level in the community." § 61.30(2)(b), Fla....
...The Former Husband testified that he was unable to get a job in his field and that he was currently earning approximately $20,000 as a real estate salesperson. No one testified that $65,000 was a reasonable amount of income to impute to the Former Husband. Section 61.30(2)(b) requires the trial court to consider evidence of recent work history, occupational qualifications, and the prevailing earnings level in the community....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 1995 WL 539671
...The trial court entered a final judgment dissolving the marriage, awarded the parties shared parental responsibility of their daughter, and awarded the former wife primary physical custody. The former husband was awarded reasonable and frequent visitation with the child. Departing from the child support guidelines, § 61.30, Fla....
...g from the child support guidelines for invalid reasons. We agree. The child support guidelines statute requires the court to consider, as income to a parent "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses." § 61.30(2)(a)13., Fla....
...with visitation constitute valid reasons for reducing a parent's child support obligation. It is also improper to reduce the former husband's child support obligation based on social welfare benefits the former wife receives in Germany. We note that section 61.30(2)(c) exempts from gross income "[a]id to families with dependent children benefits." The spirit of section 61.30(2)(c) would be violated by a reduction in a parent's child support obligation based on social benefits that correspond to this type of assistance. Compare § 61.30(2)(a)8., Fla....
...3d DCA 1993); Walsh v. Walsh,
600 So.2d 1222 (Fla. 1st DCA 1992). The blanket statement in the judgment is insufficient. Furthermore, the mother's unemployment, which the court deemed voluntary, does not provide a basis for varying from the guidelines. Section
61.30(2)(b) provides that a court may impute income to a voluntarily unemployed or underemployed parent....
...However, voluntary unemployment or underemployment is not a basis for reducing a parent's child support obligation. Under the statutory scheme, once the trial court imputes income to the unemployed or underemployed parent, the court then determines the obligation of each parent as to the guideline amount. § 61.30(9), Fla....
CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 28 Fla. L. Weekly Fed. D 714
...Mitchell raises several issues regarding his child support obligation. First, he complains that when setting child support the circuit court failed to consider the fact that the visitation arrangement places the children with him a substantial amount of time. When the circuit court entered its judgment in May 2001, section 61.30(11)(b), Florida Statutes (2000), provided: "Whenever a particular shared parenting arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support," based on a list of specified considerations....
...n spend "a significant amount of time, but less than 40 percent of the overnights, with the noncustodial parent," and that the court "shall" adjust the child support award when the children spend "a substantial *569 amount of time with each parent." § 61.30(11)(a)(10), (11)(b). "Substantial amount of time" is defined to mean that "the noncustodial parent exercises visitation at least 40 percent of the overnights of the year." § 61.30(11)(b)(10)....
...Mitchell's child support obligation. On remand the court shall re-examine the child support award with this provision in mind. We emphasize that we do not vouch for the precision of our calculations, nor do we direct the court in its application of the criteria set forth in section 61.30(11)(b)....
...husband's income since 1999, which will enable the court to make a more informed calculation. See Lauro v. Lauro,
757 So.2d 523, 526 (Fla. 4th DCA 2000). The court properly included Mr. Mitchell's overtime pay in its calculation of his gross income, section
61.30(2)(a)2., but the court must evaluate whether his overtime is regular and continuous....
...n school. Notwithstanding that Ms. Mitchell's income was rising at the time of the final hearing in 2000, the circuit court used her outdated 1999 gross income figure. This was error. See Hanley v. Hanley,
734 So.2d 529 (Fla. 4th DCA 1999). Further, section
61.30(2)(b) requires the court to impute income to a voluntarily underemployed parent, although it may refuse to impute income to a primary residential parent if it finds that it is necessary for the parent to stay home with the children....
...lity that she needs as the primary residential parent. On remand, the court shall carefully examine Ms. Mitchell's situation to determine whether she continues to be voluntarily underemployed. If so, and if her underemployment is not justified under section 61.30(2)(b), the court shall comply with the statute by imputing income to her....
...Mitchell to pay for all of the children's medical and dental insurance coverage without any sharing provision except as to deductibles and noncovered expenses. On remand the court must apportion the cost of such coverage by adding it to the basic obligation determined pursuant to section 61.30(6)....
...A court may award exclusive possession of a jointly owned marital home to the custodial parent as an incident of the other party's child support obligation. McDonald v. McDonald,
368 So.2d 1283, 1284 (Fla. 1979). This authority does not extend to nonmarital real property absent a finding pursuant to section
61.30(13) that the noncustodial parent's recurring income is insufficient to meet his child support obligation....
...*571 When revisiting the child support on remand, the circuit court may again award Ms. Mitchell exclusive use and possession of the Carrollwood home during the children's minority only if it makes findings, supported by competent, substantial evidence, demonstrating that such is necessary pursuant to section 61.30(13)....
...comes. Specifically, without limitation, the court shall consider Mr. Mitchell's overtime experience since the final hearing, and it shall determine whether Ms. Mitchell is voluntarily underemployed for purposes of imputing income to her pursuant to section
61.30(2)(b). When refashioning the child support award, the court shall also comply with sections
61.13(1)(b) and
61.30(8) by including the children's health insurance and health care costs in the basic obligation established pursuant to section
61.30(6) and apportion those costs accordingly....
CopyCited 21 times | Published | Florida 1st District Court of Appeal | 1992 WL 123323
...c findings with regard to child support, equitable distribution, alimony, and attorney fee issues may preclude meaningful appellate review, and result in a case having to be reversed and remanded. Miller v. Miller,
589 So.2d 317 (Fla. 1st DCA 1991). Section
61.30(1)(a), Florida Statutes (1989), specifically requires the trier of fact to make a specific finding on the record when he orders payment of child support in an amount different from the guideline amount....
CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22927241
...CONCLUSION In summary: 1. The child support award is reversed and remanded for reconsideration. On remand the trial court must recalculate the *1222 amount of child support using the child support guidelines and taking into account all the factors specified in section 61.30, Florida Statutes (2000), including whether to impute income to the former wife, the effect of the parties' rotating custody arrangement, and the actual needs of the children....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1181945
...vedsuch as medical insurance, term life insurance, the use of a company car, and contributions to an IRA account. Even so, we agree with the husband that the trial court erred by failing to assign a dollar value to these in-kind contributions. See § 61.30(2)(a)(13), Fla....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2004 WL 573847
...Because the final judgment's findings of fact are insufficient to support either an equitable distribution scheme or an award of alimony, we reverse and remand for entry of the required findings of fact. The Husband also challenges the final judgment's award of child support. Section 61.30, Florida Statutes (2002), contains guidelines that presumptively establish the amount of child support a finder of *225 fact shall award, based on the combined monthly net income of the obligor and obligee. The award may deviate from the guidelines by more than five percent, provided the judgment explains why ordering the guideline payment amount would be unjust or inappropriate. § 61.30(1)(a). Further, "[i]f the recurring income is not sufficient to meet the needs of the child, the court may order child support to be paid from nonrecurring income or assets." § 61.30(13)....
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1994 WL 178054
...delines support payments of $899 would be 52%, or approximately $470. Based on these income amounts, the $650 support ordered is substantially in excess of the guidelines and requires a written order or specific record findings justifying departure. § 61.30(1)(a), Fla. Stat. (1992). We reject the wife's contention that the child support guidelines are inapplicable to modification proceedings. Whether the 1991, 1992 or 1993 version of section 61.30(1)(a) is utilized, the child support guidelines apply to modification proceedings. [1] Section 61.30(1)(a) states: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modifica...
...idelines. It may be that the trial court imputed additional income to the former husband, but factual findings as to the probable and potential earnings level, source of imputed and actual income and adjustments to income must also be set forth. See § 61.30(b); Wood v....
...y exceeds the guidelines. In this event, the trial court's order is deficient for failing to provide "a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate." § 61.30(1)(a), Fla....
...ld support. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. WARNER and POLEN, JJ., concur. NOTES [1] The change in the statute since 1991 is only whether the guidelines are to be utilized in proving a substantial change of circumstances pursuant to section 61.30(b). The statute in effect at the time of the modification proceeding specified that "the guidelines may provide the basis for proving a substantial change of circumstances." § 61.30(b) Fla....
CopyCited 19 times | Published | Florida 1st District Court of Appeal | 1989 WL 97683
...that he had a present ability to pay and purge himself of contempt. We affirm. *1013 A determination of child support and alimony is within the sound discretion of the trial court, subject to the statutory guidelines and the test of reasonableness. Section 61.30 Florida Statutes (1987); Canakaris v....
...1980); Aycock v. Aycock,
433 So.2d 680 (Fla. 5th DCA 1983). Before the court may impose financial obligations upon a spouse, it must determine that he or she has the ability to pay the obligations imposed. Starling v. Starling,
491 So.2d 605 (Fla. 1st DCA 1986). Section
61.30(2)(b) provides that when the trial court finds that a parent is voluntarily unemployed or underemployed, income shall be imputed based upon the employment potential and probable earnings level of the parent taking into consideration his...
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 2005 WL 2396501
...ployed, without making the required findings concerning his employability, occupational qualifications, and prevailing earnings level in the community for individuals in Burkley's position. The trial court derives its authority to impute income from section 61.30(2)(b), Florida Statutes (2004): Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
...shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community. (emphasis added). The trial court may impute income to a spouse it deems voluntarily underemployed. However, section 61.30(2)(b) requires a court to consider the party's recent work history, occupational qualifications, and the prevailing level of earnings in the community for the appropriate class of available jobs....
...Since Averbeck is the party alleging voluntary underemployment, she shoulders the burden of proof. Andrews,
867 So.2d at 478 n. 2. Further, the court must consider disability. Averbeck notes that the VA determined Burkley to be partially disabled, not totally disabled. However, section
61.30(2)(b) does not require total disability; incapacity denotes a lack of physical or mental disabilities....
...PETERSON and SAWAYA, JJ., concur. NOTES [1] Contract law, rather than statutory law, governs promises exceeding the scope of Chapter 61. These include agreements providing support beyond the age of majority or providing more child support than required by section 61.30(6), Florida Statutes....
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 1990 WL 58254
...pay of $324 per week. The orders must be reversed. First, in determining the parties' income levels under the child support guidelines, the court may consider "Reimbursed expenses or in kind payments to the extent that they reduce living expenses." § 61.30(2)(a)13, Fla....
...t be performed, in order to arrive at the parties' net income levels, a proper support amount, and the respective shares of support. There must be a new evidentiary hearing in order to arrive at a proper award under the child support guidelines. See § 61.30, Fla....
CopyCited 18 times | Published | Florida 4th District Court of Appeal | 1993 WL 74287
...indings of fact as to the following * * *."); §
61.08(1), Fla. Stat. (1991) ("In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony."); and §
61.30(1)(a), Fla....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2003 WL 553768
...the former husband by his medical practice. Those payments, totaling $2,577.95 monthly, and representing automobile lease payments and insurance and health, dental, and life insurance, must be included as income to the former husband on remand. See § 61.30(2)(a)(13), Fla....
...The former husband argues that it was within the trial court's discretion to refuse to include such costs where it was uncontroverted that the former wife was unemployed. We are unable to determine from the record before us whether the trial court considered day-care expenses. Section 61.30(7), Florida Statutes (1998), requires that seventy-five percent of day care costs be added to the child support obligation where day care is necessary due to employment, job search, and education....
...Here, because there were no findings in the final judgment regarding child-care expenses, we cannot meaningfully review this issue. On remand, the trial court shall determine the amount and necessity of *301 child-care expenses and include that sum, if any, as required by section 61.30(7)....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 1991 WL 61814
...of the testimony that you have, you're going to have to present or will be presenting, you have to take that into consideration. The court would also be open to considering increasing the amount of support if the circumstances change. The wife cites section 61.30(2)(b), Florida Statutes (1989), in support of her allegation that the court erred in refusing to impute the higher income....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 1993 WL 337041
...their respective incomes, but disagreed as to the appropriate child support amount that each would pay. A child support determination is within the sound discretion of the trial court, subject to the statutory guidelines and the reasonableness test. Section 61.30(1)(a), Fla....
...e that was improperly imputed to appellant. We therefore remand for correction of the child support award to comport with the child support guidelines, unless the trial court can provide legally supportable reasons for deviating from the guidelines. Section 61.30(1)(a); see also Walsh v....
...me to an alleged voluntarily underemployed individual, i.e., employment potential and probable earning level based upon his recent work history, occupational qualifications and prevailing levels in the community for a person with similar skills. See § 61.30(2)(b), Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 1998 WL 796624
...Further, Bailey's guideline calculation did not take into account Bardin's current net income, which the record revealed was $917 per month. Accordingly, we reverse and remand this issue to the trial court for a re-calculation of guideline child support in accordance with Section 61.30, Florida Statutes (1997)....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 1997 WL 253034
...In addition, the husband was ordered to pay his proportionate share of the $300 monthly expense to maintain the children's horses. Thus, the total of these two aspects of the husband's child support obligation was $1,183, an 18.3 per cent variance from the amount prescribed by the statutory guidelines. Section 61.30(1)(a), Florida Statutes (1995), provides that "[t]he trier of fact may order payment of child support in an amount which varies more than 5 percent from [the] guideline amount only upon a written finding, or a specific finding on the re...
...unjust or inappropriate." Lotz v. Lotz,
686 So.2d 704 (Fla. 2d DCA 1996); Stewmon v. Stewmon,
654 So.2d 259 (Fla. 2d DCA 1995). Here, the court justified the variance merely by noting that the children were involved in 4-H Club activities and citing section
61.30(11)(f)....
...as a special need, and properly forms the basis for a discretionary departure from the child support guidelines, under that statutory provision. But when the resulting child support obligation exceeds the guideline amount by more than five per cent, section
61.30(1)(a) requires the trial court to make specific findings explaining why it would be unjust or inappropriate to adhere to the guidelines notwithstanding that such might preclude the children from having one or more of their "special needs" met. In other words, the presence of a special need for purposes of section
61.30(11)(f) does not, in itself, satisfy the requirement for findings under section
61.30(1)(a). See Lotz,
686 So.2d at 705 (reversing where, although trial court recited factors for which section
61.30(11) permits adjustments of child support guideline amount, trial court did not make specific findings to explain why ordering payment of the guideline amount would be unjust or inappropriate)....
...Under all the circumstances, the $300 monthly expenditure on the children's horses is a significant one that the parties can ill afford to make. That being the case, the judgment's simple reference to the fact that the children's 4-H Club involvement constituted a special need within the meaning of section
61.30(11)(f) was insufficient to justify a variance from the statutory guideline amount. See Lotz,
686 So.2d at 705; Reynolds v. Reynolds,
668 So.2d 245, 247 (Fla. 1st DCA 1996)(reference to the husband's other debts, a factor permitting adjustment of the guideline amount under section
61.30(11)(k), was insufficient to justify a variance of more than five per cent under section
61.30(1)(a)); Chapoteau v. Chapoteau,
659 So.2d 1381, 1385 (Fla. 3d DCA *1084 1995)(blanket statement regarding the difference in the costs of living in Germany and the United States was insufficient to explain variance from guideline amount under section
61.30(1)(a))....
...he dissolution of their family, and their therapist opined that any further changes in their lives would be detrimental to their emotional health. Although the foregoing factors would have justified a variance from the child support guidelines under section 61.30(1)(a), we resist the temptation to surmise that the trial court relied on factors that it did not specify in the finding required by the statute....
...ing expenses, in compensation for her management of the horse stables and riding academy. This was by far the largest source of the income attributed to the wife for purposes of calculating the husband's child support obligation pursuant to sections 61.30(9) and (10)....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 2008 WL 583670
...e trial court should have imputed income to her in the amount of $30,000.00 per year, based on her testimony that she can earn only that amount. We agree that the trial court erred in imputing income to the wife in the amount of $77,000.00 per year. Section 61.30(2)(b), Florida Statutes (2006), mandates: *608 Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 1999 WL 193294
...First, as to the child support award, Roland is correct that the alimony that Elizabeth will receive from him should have been computed as income to her in the child support computation; additionally, that amount should be deducted from Roland's gross income in determining the child support amount. See § 61.30(2)(a)9., Fla. Stat. (1997) ("Gross income shall include ... [s]pousal support received from a previous marriage or court ordered in the marriage before the court."); § 61.30(3)(g) ("Allowable deductions from gross income shall include ......
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 1995 WL 214601
...Because the family business controlled disbursements, we find that the trial court was within its discretion in imputing the monthly $400.00 income distribution to the husband. The additional "in-kind" contributions, however, present a more difficult problem. Section 61.30(2)(a), Florida Statutes, reads in pertinent part: (a) Gross income shall include, but is not limited to, the following items: 13....
...rmer husband since he does not have to purchase or lease. In regard to company provided medical insurance, it appears that the court added income for company-paid health insurance (for himself and the children) without any corresponding deduction. §§ 61.30(3)(e); 61.30(8)....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 1991 WL 211249
...Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Tampa,
580 So.2d 151, 153-4 (Fla. 1991); Zipperer v. Zipperer,
567 So.2d 916 (Fla. 1st DCA 1990), review denied,
581 So.2d 1312 (Fla. 1991). In addition, section
61.30(2)(b), Florida Statutes (1989), provides that "[i]ncome shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapaci...
...port obligation. The trial court should have determined "the employment potential and probable earnings level of the parent ... based upon his ... recent work history, occupational qualifications, and prevailing earnings level in the community... ." § 61.30(2)(b), Fla....
...1987); Ward v. Ward,
502 So.2d 477 (Fla. 3d DCA 1987); Maddux v. Maddux,
495 So.2d 863 (Fla. 4th DCA 1986). On remand, the trial court is directed to conduct a hearing to ascertain the father's actual and imputed income to determine a child-support award. See §
61.30(2)(b), Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...__________________ ___________________________________________________________________________ __________________________________________________________________________. e. ____ Child support should be set by Florida's child support guidelines (see section 61.30, Florida Statutes). f. ____ Child support should NOT be set by Florida's child support guidelines (see section 61.30, Florida Statutes)....
...The court must be able to write these facts down in its order. When filled out, the financial affidavit gives the court these facts. The court must make specific, written findings (say in its order exactly) why awarding the amount of child support required by section 61.30, Florida Statutes would be unjust or inappropriate if the amount awarded is different from the child support guidelines amount by plus or minus five percent (5%)....
...g gains) _____ Other: (Itemize any other income on a recurring basis) _____________________________________________________ _____ _____________________________________________________ _____ TOTAL MONTHLY INCOME: $____ LESS DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES: Federal income tax, including estimated income tax payments $____ FICA _____ Medicare _____ Mandatory union dues _____ Mandatory retirement _____ Health insurance payments, excluding portion paid for children of the p...
...__, helped { name } _________________, who is the [✓ one only] _______ petitioner or _____ respondent, fill out this form. INSTRUCTIONS FAMILY LAW FORM 12.901(g), CHILD SUPPORT GUIDELINES WORKSHEET Child support in Florida is figured out under section 61.30, Florida Statutes and the court cases that have said what that law means and how it fits in different facts....
...his case exceeds $10,000 per month. Calculations in this Worksheet are based on the basic obligation of $ ____. This is the minimum amount of support provided by the guidelines, plus ______% multiplied by the amount of income over $10,000 per month (section 61.30(6), Florida Statutes)....
...NOTE: Certain items may need to be attached to your response, UNLESS YOU AND YOUR SPOUSE AGREE TO WAIVE THAT RULE. See Florida Family Law Rule of Procedure 12.285. $ If you are requesting child support be paid, see Family Law Form 12.901(g), Child Support Guidelines worksheet, Appendix 3 and section 61.30, Florida Statutes for help....
..._________________________________________________ ____________________________________________________________________________ e. Child Support (1) Amount [✓ one only] ____ Child support should be set by Florida's child support guidelines (see section 61.30, Florida Statutes). ____ Child support should NOT be set by Florida's child support guidelines (see section 61.30, Florida Statutes)....
...If you cannot afford these costs, you must also complete Family Law Form 12.901(c), Affidavit of Insolvency, and file it with the court requesting a waiver of the costs. If you are requesting child support be paid, see Family Law Form 12.901(g), Child Support Guidelines worksheet, Appendix 3 and section 61.30, Florida Statutes for help....
...primary residential responsibility (custody). 2. CHILD SUPPORT Awarding child support to [✓ one only] ____ Petitioner or ____ Respondent (a) Amount [✓ one only] ____ Child support should be set by Florida's child support guidelines (see section 61.30, Florida Statutes). ____ Child support should NOT be set by Florida's child support guidelines (see section 61.30, Florida Statutes)....
...c), Affidavit of Insolvency, and file it with the court requesting a waiver of the costs. Because you are requesting child support be paid, you will also need to file Family Law Form 12.901(g), Child Support Guidelines Worksheet, (see Appendix 3 and section 61.30, Florida Statutes for help) and Family Law Form 12.901(d) or 12.901(e), Family Law Financial Affidavits....
...ed, and [✓ one only] _____ Petitioner or _____ Respondent (the other person in the case) has the ability to pay reasonable child support. (a) Amount [✓ one only] ____ Child support should be set by Florida's child support guidelines (see section 61.30, Florida Statutes). *1141 ____ Child support should NOT be set by Florida's child support guidelines (see section 61.30, Florida Statutes)....
...Payment of those listed bills that are currently or past due. ____ C. CHILD SUPPORT Awarding child support to [✓ one only] _____ Petitioner or ____ Respondent 1. Amount [✓ one only] ____ Child support should be set by Florida's child support guidelines (see section 61.30, Florida Statutes). ____ Child support should NOT be set by Florida's child support guidelines (see section 61.30, Florida Statutes)....
...c), Affidavit of Insolvency, and file it with the court requesting a waiver of the costs. Because you are requesting child support be paid, you will also need to file Family Law Form 12.901(g), Child Support Guidelines Worksheet, (see Appendix 3 and section 61.30, Florida Statutes for help) and Family Law Form 12.901(d) or 12.901(e), Family Law Financial Affidavits....
...(3) Any additional compensation or expense reimbursement, including, but not limited to, overtime, bonuses, profitsharing, insurance, expense account, automobile or automobile allowance that you have received or anticipate receiving. (For the purpose of these questions, the definition of income shall be that as contained in section 61.30, Florida Statutes.) 4....
...___ ______________________________________________________________________ ______________________________________________________________________ [✓ all that apply] ____ c. Child support should be set by Florida's child support guidelines (see section 61.30 Florida Statutes)....
...Form 12.901(g)) filed in this case by [✓ one only] ____ Petitioner or ____ Respondent are adopted by this court and incorporated in this order. THE COURT MUST MAKE SPECIFIC, WRITTEN FINDINGS WHY AWARDING THE AMOUNT OF CHILD SUPPORT REQUIRED BY SECTION 61.30, FLORIDA STATUTES, WOULD BE UNJUST OR INAPPROPRIATE IF THE AMOUNT AWARDED IS DIFFERENT FROM THE GUIDELINES AMOUNT BY PLUS OR MINUS FIVE PERCENT (5%). ____ e. Child support should not be set by Florida's child support guidelines (see section 61.30 Florida Statutes). The basis for ordering [✓ one only] ____ more or ____ less than the guidelines amount of child support pursuant to section 61.30, Florida Statutes is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________...
..._______ ____________________________________________________________________ ___________________________________________________________________. [✓ all that apply] ____ c. Child support should be set by Florida's child support guidelines (see section 61.30 Florida Statutes)....
...Form 12.901(g)) filed in this case by [✓ one only] ____ Petitioner or ____ Respondent are adopted by this court and incorporated in this order. THE COURT MUST MAKE SPECIFIC, WRITTEN FINDINGS WHY AWARDING THE AMOUNT OF CHILD SUPPORT REQUIRED BY SECTION 61.30, FLORIDA STATUTES, WOULD BE UNJUST OR INAPPROPRIATE IF THE AMOUNT AWARDED IS DIFFERENT FROM THE GUIDELINES AMOUNT BY PLUS OR MINUS FIVE PERCENT (5%). ____ e. Child support should not be set by Florida's child support guidelines (see section 61.30 Florida Statutes). The basis for ordering [✓ one only] ____ more or ____ less than the guidelines amount of child support pursuant to section 61.30, Florida Statutes is: ___________________________________________________________________________ ___________________________________________________________________________ ______________________________________________________________...
...________________________________________________________________________ _______________________________________________________________________. [✓ all that apply] ____ c. Child support should be set by Florida's child support guidelines (see section 61.30 Florida Statutes)....
...Form 12.901(g) filed in this case by [✓ one only] ____ petitioner or ____ respondent are adopted by this court and incorporated in this order. THE COURT MUST MAKE SPECIFIC, WRITTEN FINDINGS WHY AWARDING THE AMOUNT OF CHILD SUPPORT REQUIRED BY SECTION 61.30, FLORIDA STATUTES, WOULD BE UNJUST OR INAPPROPRIATE IF THE AMOUNT AWARDED IS DIFFERENT FROM THE GUIDELINES AMOUNT BY PLUS OR MINUS FIVE PERCENT (5%). *1269 ____ e. Child support should not be set by Florida's child support guidelines (see section 61.30 Florida Statutes). The basis for ordering [✓ one only] ____ more or ____ less than the guidelines amount of child support pursuant to section 61.30, Florida Statutes is: ___________________________________________________________________________ ___________________________________________________________________________ ______________________________________________________________...
...___ ______________________________________________________________________ _____________________________________________________________________. [✓ all that apply] ____ 3. Child support should be set by Florida's child support guidelines (see section 61.30 Florida Statutes)....
...Form 12.901(g)) filed in this case by [✓ one only] ____ Petitioner or ____ Respondent are adopted by this court and incorporated in this order. THE COURT MUST MAKE SPECIFIC, WRITTEN FINDINGS WHY AWARDING THE AMOUNT OF CHILD SUPPORT REQUIRED BY SECTION 61.30, FLORIDA STATUTES, WOULD BE UNJUST OR INAPPROPRIATE IF THE AMOUNT AWARDED IS DIFFERENT FROM THE GUIDELINES AMOUNT BY PLUS OR MINUS FIVE PERCENT (5%). ____ 5. Child support should not be set by Florida's child support guidelines (see section 61.30 Florida Statutes). The basis for ordering [✓ one only] ____ more or ____ less than the guidelines amount of child support pursuant to section 61.30, Florida Statutes is: ___________________________________________________________________________ ___________________________________________________________________________ ______________________________________________________________...
...________________________________________________________________________ _______________________________________________________________________. [✓ all that apply] ____ c. Child support should be set by Florida's child support guidelines (see section 61.30 Florida Statutes)....
...Form 12.901(g) filed in this case by [✓ one only] ____ petitioner or ____ respondent are adopted by this court and incorporated in this order. THE COURT MUST MAKE SPECIFIC, WRITTEN FINDINGS WHY AWARDING THE AMOUNT OF CHILD SUPPORT REQUIRED BY SECTION 61.30, FLORIDA STATUTES, WOULD BE UNJUST OR INAPPROPRIATE IF THE AMOUNT AWARDED IS DIFFERENT FROM THE GUIDELINES AMOUNT BY PLUS OR MINUS FIVE PERCENT (5%). ____ e. Child support should not be set by Florida's child support guidelines (see section 61.30 Florida Statutes). The basis for ordering [✓ one only] ____ more or ____ less than the guidelines amount of child support pursuant to section 61.30, Florida Statutes is: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ _...
...$ Child Support: Florida law sets child support guidelines for the court to use in ordering support. A table of minimum amounts is provided for parents whose combined net annual income is $120,000 or less. If the parents' combined income is more, a formula is applied to calculate support. See Appendix 3 and section 61.30, Florida Statutes, for further information....
...You should see an attorney regarding these rights immediately or find the answer in the law library. There may be a law library you can use in your local courthouse or a law school in your area. APPENDIX 3 CHILD SUPPORT The court determines the basic child support obligation based on the guidelines in section 61.30(6), Florida Statutes, (see chart below)....
...change is at least 15% or $50, whichever is greater. The court also may consider a parent's need to support other children if an upward modification of support is requested, but only if the income of those children's other parent is considered. See section 61.30(12), Florida Statutes....
...spouse's employer or other third party). b. Family Law Form 12.931(c) Request for Copies, Family Law Form 12.930(a) Notice of Service of Interrogatories, and Family Law Form 12.930(b) Standard Interrogatories. Please see sections
61.13 and
61.30, Florida Statutes, for further information....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2005 WL 497271
...e support of those for whom they are responsible." Daly v. Daly,
679 So.2d 36, 37 (Fla. 5th DCA 1996). For purposes of child support, the court will be required to impute income to a parent who is voluntarily unemployed or underemployed, pursuant to section
61.30(2)(b), Florida Statutes (2003), which provides: Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical...
...k history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child. Unlike section
61.30(2)(b), the statutory provisions that govern alimony awards found in section
61.08, Florida Statutes (2003), do not specifically provide for imputation of income to a spouse....
...4th DCA 1994) ("[W]hen a husband obligated to pay support voluntarily reduces his income, the trial court has discretion to impute to him the income he is capable of earning."). Hence, the lack of a specific legislative directive similar to that found in section 61.30(2)(b) has not proved to be an impediment to imputation of income for purposes of awarding alimony....
...husband. Pursuant to section
61.13(1)(a), Florida Statutes, in a proceeding for dissolution of marriage, the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in section
61.30. While it is arguable that Overbey is limited to modification of child support situations, the better position is that the lower court should not apply section
61.30(2)(b) at all in an initial determination of child support if it determines that a party's reduction in income due to educational pursuits will ultimately benefit the minor children of the marriage.
800 So.2d at 746-47. In Pribble, we saw no logical reason to confine application of the best interest standard in educational enhancement cases to modification proceedings under section
61.30, and accordingly extended Overbey....
...[3] Specifically, as to imputation *543 of income, if the trial court does not include specific findings in the final judgment, the record must reveal competent, substantial evidence to support the trial court's decision. Pribble,
800 So.2d at 746 ("Normally, according to the plain language of section
61.30(2)(b), Florida Statutes, the only finding required for imputation of income would be a finding that the parent is voluntarily unemployed or underemployed."); Burkhardt v....
...income to the husband. Having determined that the trial court properly decided to impute income, the second part of the analysis requires that we decide whether an annual income of $200,000 was the proper amount to impute to the husband. Pursuant to section 61.30(2)(b), the level of income imputed must be based on consideration of the parent's "recent work history, occupational qualifications, and prevailing earnings level in the community." § 61.30(2)(b), Fla....
...ted. [2] See Manolakos v. Manolakos,
871 So.2d 258, 259 (Fla. 4th DCA 2004) ("The trial court's child support award, like the equitable distribution of the parties' property and the alimony award, lacked sufficient factual findings as required under section
61.30, Florida Statutes (2002)."); Guida v....
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...on and the dates of attendance or training and listing the degrees and certificates obtained. State further the work skills you presently possess. 2. Income. (For the purpose of these questions, the definition of income shall be that as contained in section 61.30, Florida Statutes.) a....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1996 WL 63231
...*246 Alice Cano, Fort Walton Beach, for Appellant. No brief filed, for Appellee. MICKLE, Judge. Nancy A. Reynolds, the former wife, appeals from a final judgment of dissolution of marriage. We reverse and remand for the trial court 1) to order child support in the presumptive amount set forth in section 61.30(6), Florida Statutes (1993), or else to make explicit findings of fact to support its downward deviation from the support guidelines and 2) to reconsider the issue of alimony and to make specific findings of fact in support of its ruling....
...Two children were born during the parties' eleven-year marriage. In her petition to dissolve the marriage, the appellant requested support for the two minor children. The child support guidelines presumptively establish the amount to be ordered as child support. § 61.30(1)(a), Fla.Stat....
...The appellant testified that two months was the longest period she had worked outside the home during the marriage, and $5.00 was her highest hourly wage. To calculate the presumptive child support amount, the guidelines require a determination of the parents' "combined monthly available income." § 61.30(6). Given the parties' combined available monthly income between $2,900.00 and $2,950.00, the guidelines provide that the presumptive total "minimum child support need" for two children ranges from $971.00 to $986.00 a month. § 61.30(6). For purposes of determining each parent's percentage share of the child support need, the division of each parent's net income by their combined net income produced respective shares of 26% and 74% for the appellant and the appellee. § 61.30(9). Our calculations indicate that the appellee's 74% share, within the support range ($971.00 to $986.00), equals from $718.54 to $729.64. The guidelines also take into account certain child care costs. § 61.30(7)....
...The former wife testified that her additional child care expenses amounted to $405.00 monthly. The statute provides that "[c]hild care costs incurred on behalf of the children due to employment, job search, or education ... shall be reduced by 25 percent and then shall be added to the basic obligation." § 61.30(7)....
...Thus, the former husband's presumptive support and child care obligation would range from about $943.31 to $954.38. The guidelines statute permits the trial court to adjust the minimum support amount (or either or both parents' share thereof) based on considerations enumerated in section 61.30(11)(a)-(k), Florida Statutes....
...However, if the trier of fact orders payment of support in an amount that varies more than 5% upward or downward from the guideline amount, the court must include a written finding, or make a *247 specific finding on the record, "explaining why ordering payment of such guideline amount would be unjust or inappropriate." § 61.30(1)(a)....
...1st DCA 1991) (reversing final judgment and remanding for findings to explain departure from minimum guideline amount). However, we offer no opinion as to the appropriate result on remand. We find no abuse of discretion in the awarding of tax exemptions for the children to the former husband through 1999. § 61.30(11)(i)....
CopyCited 14 times | Published | Supreme Court of Florida | 1998 WL 765134
...Monthly court-ordered child support actually paid for children from another relationship 24. _______ 25. Monthly court-ordered alimony actually paid 25a. from this case: $_______ 25b. from other case(s): _______ Add 25a and 25b 25. _______ 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25) TOTAL: 26....
...Monthly court-ordered child support actually paid for children from another relationship 24. _______ 25. Monthly court-ordered alimony actually paid 25a. from this case: $______ 25b. from other case(s): ______ Add 25a and 25b 25. _______ 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25) TOTAL: 26....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1992 WL 48845
...5th DCA 1988). For the foregoing reason, we reverse the child support award and remand this issue to the trial court with directions to make findings as to imputed income or to set forth its reasons for adjusting the guidelines amount in accordance with section 61.30(10)(i), Florida Statutes (1991)....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1995 WL 103329
...able income in 1993 was $208,622. This annual income, however, does not include the amount the husband annually contributes to SEP-IRA, which amount is non-taxable. The record reflects that the husband contributed about $25,000 to this plan in 1993. Section 61.30(3)(d), Florida Statutes (1993), allows mandatory retirement *1254 payments to be deducted from a party's gross income in determining the minimum amount of child support required under the guidelines....
...The wife next contends that the trial court erred in deducting permanent alimony from the husband's gross income in calculating his child support obligation. [1] We disagree. The trial court has discretion to adjust the minimum child support award based on the party's payment of both child support and spousal support. § 61.30(11)(c), Fla. Stat. (1993). The trial court also has the discretion to make any other adjustment "needed to achieve an equitable result." § 61.30(11)(k), Fla....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1996 WL 106341
...In determining that the husband's child support obligation is $1,650 per month, the trial court failed to deduct the husband's court-ordered support obligation of $1,750 per month for his child from a previous marriage in arriving at his net monthly income. See § 61.30(4), Fla.Stat....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1997 WL 66212
...ividual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, ... trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. Additionally, section 61.30(2)(a)12 provides, in calculating income, that "Income shall be determined for the obligor and for the obligee as follows: ... (a) gross income shall include ... 12. Income from royalties, trusts, or estates." Section 61.30(2)(a)12, Fla.Stat....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1996 WL 387424
...Peter's reply brief states that he was prejudiced in that Janet made "no indication of any `in-kind' contributions from the State of Florida in terms of payment of health insurance, life insurance, or contribution to her retirement account, which she received as part of her income package." Peter is referring to section 61.30(2)(a)13, Florida Statutes, which instructs the court to consider "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses" in determining the parties' income levels under the child support guidelines....
...le, credit card expenses, and other expenses were being paid for by either the family business or his father. The appellee/wife and child were also provided free housing by the father. The Third District reversed, directing the court specifically to section 61.30(2)(a)13, since it was obvious that their living expenses had been reduced by payments from either the business or the father....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 1991 WL 262906
...unt was awarded to the wife as an equitable distribution of the retirement fund. Although retirement payments are included in gross income for purposes of child support, the wife was receiving a portion of the payments attributed to the husband. See § 61.30(2)(a)7, Fla....
CopyCited 14 times | Published | Supreme Court of Florida | 2003 WL 1922661
...support order" may not be reduced by the court. §
61.14(6)(a)(3), Fla. Stat. (2001). However, any unpaid amount that accrues after the filing of a petition to modify may be reduced upon entry of an order on the petition. See id. Moreover, although section
61.30, Florida Statutes (2001), provides presumptive amounts for child support payments based on the supporting parent's monthly income and the number of children, the trial court is vested with discretion to vary the support amount after considering all relevant factors, including, but not limited to, the needs of the child, age, station in life, standard of living, and the financial status and ability of each parent. See §
61.30(1)(a), Fla....
...In structuring the payment plan, the trial court should consider the contemporary circumstances of all parties concerned, while ultimately serving the best interests of the child in having all amounts ultimately paid in full if possible. To this end, the trial court should weigh the factors listed in section 61.30(1)(a), the length of the obligor's incarceration, the obligor's present and future employment possibilities, and the total outstanding unpaid amount, as well as any additional considerations touching upon the obligor's attempt, if any, to evade his or her child support obligations....
...r her support obligations, trial judges may reduce child support arrearages to judgments to provide that the support obligations may be satisfied from these assets. [2] Section
61.14(1)(a), provides in pertinent part: Except as otherwise provided in s.
61.30(11)(c), the court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony retroactively to the date of the filing of the action or supplemental action for modification as equit...
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2007 WL 1136020
...(former husband) appeals from an amended judgment of dissolution of his marriage to Donna Cannady-Brown (former wife). The former husband argues that the trial court erred in finding him voluntarily unemployed and imputing income to him. We reverse. Section 61.30(2)(b), Florida Statutes (2005), mandates: Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1094304
...ted in this case. Although it appears the husband has attempted to divest himself of any income, numerous options remain open to the circuit court to determine an appropriate amount of support. Income may be imputed to the husband in accordance with section 61.30(2)(b), Florida Statutes (2006)....
...icant income and profits, an award based upon historic income may be appropriate. We also note that child support specifically can be awarded from nonrecurring income or assets when the recurring income is insufficient to meet the child's needs. See § 61.30(13)....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 15196, 2009 WL 3232432
...e of the hearing that had been provided to his attorney. Accordingly, we affirm the trial court on this issue. Next, the Father argues that the trial court erred in awarding child support retroactive to the date that the child was born. He points to section 61.30(17), Florida Statutes (2008), which provides that "[i]n an initial determination of child support,......
...o award. Other factors also may influence the final determination of the amount, including health insurance issues, day care issues, etc. Additionally, the trial court is afforded some limited discretion in reaching its final determination. Finally, section 61.30(17)(a) allows an obligor to introduce evidence as to his income for the years subject to the retroactive child support award....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 1995 WL 621769
...Davidson,
410 So.2d 943 (Fla. 4th DCA 1982), rev. denied,
421 So.2d 67 (Fla. 1982). Second, the trial court must reevaluate the child support award. The child support guidelines require the trial court to impute income to a voluntarily underemployed parent's earnings. §
61.30(2)(b), Fla. Stat. (1993). Underemployment is voluntary in the absence of physical or mental incompetence or other uncontrollable circumstances. §
61.30(2)(b); Polley v. Polley,
588 So.2d 638 (Fla. 3d DCA 1991). Foremost, the trial court erred in failing to distinguish gross from net income, which is crucial to properly applying the guidelines. See §
61.30(2)(b), (6), (9), Fla. Stat. (1993); Moss v. Moss,
636 So.2d 164 (Fla. 4th DCA 1994). In imputing income, the trial court also failed to consider each parent's full and present earning capacity as reflected by the record. See §
61.30(2)(b), Fla....
...ed for two children. By considering each child's support separately under the guidelines, the trial court, in effect, exceeded the minimum guidelines amount without specific findings regarding each child's needs and the husband's ability to pay. See §
61.30(1)(a); Winters v. Katseralis,
623 So.2d 613 (Fla. 2d DCA 1993). Under the requirements of section
61.30(9), the trial court had already considered the husband's greater ability to pay when it calculated the percentage each parent should pay....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2000 WL 770543
...ch the calculation is based, including the amount and source of the parties' actual income. If the amount awarded is a deviation from the child support guidelines, the trial court must set forth reasons that support such deviation in accordance with section 61.30(1)(a), Florida Statutes (1997)....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2003 WL 21749401
...A linchpin of the court's judgment relates to the imputing of income to *242 the wife in the amount of $800 per week. Based upon that calculation, the court denied permanent alimony and reduced the amount of child support being paid by the husband. Section 61.30(2)(b), Florida Statutes (1999), requires the court to impute income for purposes of child support to a spouse who is voluntarily underemployed or unemployed "unless the lack of employment is the result of the spouse's physical incapacity or other circumstances beyond the parent's control." Shrove v....
...If the marital relationship included each spouse working, then the court should impute income in accordance with the spouse's ability and history. See Boynton v. Boynton,
636 So.2d 53, 56 (Fla. 2d DCA 1994). In determining the amount of income to be imputed to a spouse, section
61.30(2)(b) sets forth several factors that a trial court shall consider: In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or...
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1993 WL 333572
...We conclude that the amount of child support stated in the order deviates from the amount established by the child support guidelines, and that the trial court failed to make a written finding in its order or a specific finding on the record to justify the deviation. Section 61.30(1)(a), Fla....
...hers. Mr. Winters' net monthly income was $1,985, and Ms. Katseralis' net monthly income was $1,320. With a combined net monthly income of $3,305, the child support guidelines suggest that two children should receive total monthly support of $1,052. Section 61.30(6), Fla. Stat. (1991). Because the father earns 60% of the combined net income, his share of the child support should be $631 and the mother's share should be $421. Section 61.30(8), Fla....
...This amount, however, was not established by any stipulation, and the trial court made no finding that Mr. Winters was bound by any agreement to maintain this amount. The child support guidelines are reasonably flexible. The trial court is authorized to adjust the award based upon a number of considerations. Section 61.30(10), Fla....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2013 WL 5288857, 2013 Fla. App. LEXIS 14970
...atically decrease the [fjormer [w]ife’s child support income and make it difficult for the [f]ormer [w]ife to meet her financial obligations.” The trial court made no oral findings on the record at the hearing on the former husband’s petition. Section 61.30(l)(a), Florida Statutes (2010), provides: 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...
...The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. *433 Section 61.30(ll)(a) provides an additional set of deviation factors: The court may adjust the total minimum child support award, or either or both parents’ share of the total minimum child support award, based upon the following deviation factors: 1....
...The court also abused its discretion in ordering a second five percent deviation. The supplemental final judgment states only that the court is deviating from the guidelines by an “additional [five percent] as a result of the [former] [h]usband’s limited time sharing with the children.” Section 61.30(1) mandates that a deviation in excess of five percent must be supported by “a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.” § 61.30(l)(a); see also Whittingham v....
...*434 Monthly income “shall be imputed to an unemployed or underemployed parent when such [unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control.” § 61.30(2)(b)....
...lity to work. Thus, the court should have considered “the employment potential and probable earnings level” of the former wife based upon “her recent work history, occupational qualifications, and prevailing earnings level in the community.” § 61.30(2)(b)....
...Rather, the court determined the income by adding the existing child support obligation ($5000) to the former husband’s monthly expenses ($18,000). Neither monthly expenses nor existing child support obligations are listed as figures to be used in income determination. See § 61.30(2)(a)....
...husband. To the extent the court did, or may on remand, rely on the former husband’s nonrecurring income to determine his monthly income, the court must first determine that the recurring income is insufficient to meet the children’s needs. See § 61.30(13); Vollmer v....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 1707, 2009 WL 528795
...ion in Child Support and Child Custody" filed by Laurie J. Nelson, the former wife. The former husband complains that the challenged order lacks sufficient findings of fact to disclose whether the trial court followed the child support guidelines in section 61.30, Florida Statutes (2005), and how the court calculated the amounts to be paid for child support....
...Pavese,
932 So.2d 1269, 1270 (Fla. 2d DCA 2006). To ascertain the presumptive minimum amount of monthly child support, the Florida Legislature devised the child support guidelines, which take into account "combined monthly available income" and the number of children. See §
61.30(6), Fla....
...Swanston,
746 So.2d 566, 569 (Fla. 1st DCA 1999). "Net income for the obligor and net income for the obligee shall be computed by subtracting allowable deductions from gross income," and then their net incomes "shall be added together for a combined net income." §
61.30(4)-(5), Fla....
...etermined that the presumptive minimums for one and two children are $1,184.00 and $1,843.00, respectively. A minor scrivener's error ($6,692.00 instead of $6,662.00) in the court's calculations would not change these presumptive amounts pursuant to section 61.30(6), Florida Statutes (2005)....
...ren. Calculating that the former husband's monthly available income is 72% of the parties' total monthly available income, the court determined that his monthly child support obligation for one child is $852.50 and for two children is $1,327.00. See § 61.30(9), Fla....
...nor reveals how the child support amount was calculated. He notes that the written order does not state expressly that the court relied on the statutory guidelines. Whether the trial court correctly calculated child support under the requirements of section 61.30, Florida Statutes (2005), is a question of law subject to de novo review....
...Ondrejack v. Ondrejack,
839 So.2d 867, 871 (Fla. 4th DCA 2003). The circuit judge made very detailed oral calculations in the record that clearly demonstrate he was adhering to the child support guidelines calculation procedures and the schedule in section
61.30(6), Florida Statutes (2005), in determining the presumptive minimum amount of child support due for two children. Because the court did not deviate at all from the presumptive minimum amount, it was not required to include findings of fact to explain the deviation pursuant to section
61.30(1)(a), Florida Statutes (2005)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2000 WL 294558
...rial court erred in including the approximately $6,000 he receives annually in per diem pay when calculating his income. The per diem pay compensates the husband for expenses incurred when he is away from home, including food, telephone and laundry. Section 61.30(2)(a)(13) provides that "reimbursed expenses or in-kind payments to the extent that they reduce living expenses" shall be used in determining child support....
...His income including bonuses in 1996 was $60,000, in 1995, $66,000, and in 1994, $52,000. He testified that he had worked more in 1997 in order to avoid being at home because of marital problems and earned overtime which would not be available in the future because the employer had hired additional pilots. Section
61.30(2) requires the inclusion of bonuses in a spouse's income for purposes of child support, and section
61.08(2)(g) requires consideration of all sources of income in computing alimony....
...The record is unclear as to what that benefit will do for the wife. These types of contingencies regarding pensions are one reason why trial courts must have the flexibility to "do equity." Id. at 269. [3] The guidelines allow a deduction from gross income for income tax deductions. § 61.30(3)(a)....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2199, 2009 WL 127862
...s and to remand for an evidentiary hearing to determine the proper amount of income to impute to Appellant based on his current employment prospects, "recent work history, occupational qualifications, and prevailing earnings level in the community." § 61.30(2)(b), Fla....
...The child support guidelines require income to be imputed on a monthly basis to an unemployed or underemployed parent, where the parent's work status is found to be voluntary rather than the result of circumstances beyond the parent's control. See § 61.30(2)(b), Fla....
...Child Support As we have noted, the child support guidelines require income to be imputed on a monthly basis to an unemployed or underemployed parent, where that status is found to be voluntary rather than the result of circumstances beyond the parent's control. See § 61.30(2)(b), Fla....
...We AFFIRM the dissolution of the parties' marriage and the findings relating to the concealment of income and assets and the dissipation of assets. We REVERSE *786 the awards of alimony, child support, and attorney's fees and costs and REMAND for the trial court to consider the factors in section 61.30(2)(b) and the Smith line of decisions and to make specific findings in resolving the threshold issue of imputed income and the ultimate issues of alimony, child support, and attorney's fees and costs....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2004 WL 256347
...The last issue raised by the Former Husband in connection with child support is whether the trial court erred in failing to deviate from the child support guidelines in view of the fact that the minor children will spend what is stipulated to be a "significant" amount of time with the Former Husband. Section 61.30(11)(b), Florida Statutes (2002), indicates that if a shared parental arrangement provides that each child spend a "substantial" amount of time with each parent, "the court shall adjust any award of child support" in a manner specifically provided by the statute....
...s "at least 40 percent of the overnights of the year." Apparently, the Karimi children will spend about 33% of the overnights with the Former Husband. He argues that the trial court abused its discretion in not adjusting his child support in view of section 61.30(11)(a)10, Florida Statutes (2002)....
...he financial expenditures incurred by the primary residential parent; or the refusal of the noncustodial parent to become involved in the activities of the child. (Emphasis added). We disagree with the Former Husband. From the unambiguous wording of section 61.30(11)(a)10 it is clear that the legislature intended this potential adjustment to be within the sound discretion of the trial court....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1997 WL 794758
...The trial court did not include the Schedule K-1 income because the husband did not receive it. Hall Auto World retained the income for purposes of building the business and keeping it going. If the husband had received the income, it would have been income as contemplated by section 61.30(2), Florida Statutes (1993), which provides, in part, that: (a) Gross income shall include, but is not limited to, the following items: .......
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1992 WL 389022
...to hear evidence on support, custody and visitation. In the final judgment, the trial court determined that Mr. Fowhand is the natural father of the child, ordered Mr. Fowhand to pay monthly child support computed under the child support guidelines, section 61.30, Florida Statutes, to Ms....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1991 WL 279425
...The court also required Neal to pay to appellee some $8,633.32 attributable to one-half of the minor child's medical expenses since birth. Since the parents have a combined income of less than $50,000.00 per year, the trial court was bound by the child support guidelines contained in § 61.30, Florida Statutes (1989). These guidelines apply to the present case in several ways. First, the statute presumptively establishes the amount the court shall order as child support. § 61.30(1)(a), Fla....
...In such a case, however, the trial court is required to determine the employment potential and probable earnings level of the parent based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community. § 61.30(2)(b), Fla....
...riate amount of child support. See Lewis v. Lewis,
569 So.2d 1342 (Fla. 1st DCA 1990). Any departure from the child support guidelines or any attempt to impute income to Mr. Meek must be supported by appropriate findings, as specifically required by §
61.30, Florida Statutes (1989)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2003 WL 1824610
...Section
61.13(1)(b) provides, "the court shall apportion the cost of [health insurance] coverage, and any noncovered medical, dental, and prescription medication expenses of the child, to both parties by adding the cost to the basic obligation determined pursuant to s.
61.30(6)." Section
61.30(6) lists the schedules to be applied to the combined net income of the parents to determine the child's minimum need of support. Section
61.30(8) further provides that, "[h]ealth insurance costs resulting from coverage ordered pursuant to s....
...shall be added to the basic obligation unless these expenses have been ordered to be separately paid on a percentage basis." After adding health insurance costs, the percentage share of support to be paid by each parent is "determined by dividing each parent's net income by the combined net income," § 61.30(9), and the actual dollar share to be paid by each parent is "determined by multiplying the minimum child support need by each parent's percentage share." § 61.30(10). Here, the trial court ascertained that the mother's net monthly income was $1,240 per month and the father's net monthly income was $1,950 per month. The court then determined the child's minimum need of support, under 61.30(6), was $680 per month....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2006 WL 3422110
...Husband is an emergency physician. Wife, although a licensed nurse, has been a stay-at-home mom since their two minor children were born. Child Support In his first point on appeal, husband argues that the trial court erred in computing his child support obligation under section 61.30, Florida Statutes (2006)....
...We therefore reverse and remand to the trial court for recalculation of husband's monthly child support obligation. "A child support determination is within the sound discretion of the trial court, subject to the statutory guidelines and the reasonableness test. . . . Section 61.30(9), Florida Statutes, provides the statutory formula which must be used to determine each parent's actual dollar share." Ondrejack v....
...The court then found that the child support obligation for two children based on this net income figure was $7,685, of which husband's share was 66.6 percent, or $5,118 a month. The trial court's calculation of child support obligation is, however, at odds with the guideline amount. Section 61.30 provides that for a combined monthly available income greater than $10,000, the child support obligation shall be the minimum amount of support provided by the guidelines, plus the amount of income over $10,000 multiplied by a statutorily delineated percentage. § 61.30(6), Fla....
...ther than the $7,685 calculated by the trial court. See Id. Husband's 66.6 percent share would therefore be $2,633 a month, rather than the court ordered $5,118. Wife argues that the trial court's child support award is presumptively correct because Section 61.30(1)(a) allows trial courts to adjust support awards and deviate from the guidelines by more than five percent. See Fla. Stat. 61.30(1)(a) (2006)....
...If on remand the court awards wife child support which varies by more than five percent from the guideline amount, the court must provide written findings explaining why ordering payment of the guideline amount would be unjust or inappropriate. See § 61.30(1)(a), Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1997 WL 731454
...Cooper v. Kahn,
696 So.2d 1186 (Fla. 3d DCA 1997). The court noted that the definition of income in the definitions section of chapter 61 defines income as including "payments, made by any person." §
61.046, Fla. Stat. (1995). The court also noted that section
61.30(2)(a)13, Florida Statutes (1995), which provides child support guidelines, includes as income "reimbursed expenses or in-kind payments to the extent that they reduce living expenses." The court concluded that it was within the trial cou...
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1991 WL 70856
...In finding that the parties have similar earning capacities, the trial judge apparently imputed to the wife the income she would have received had it not been for her illness and her husband's addictions, both circumstances beyond her control. See § 61.30(2)(b), Fla....
...He also refused to deduct federal income taxes from her gross monthly income, because he found that she had not yet been required to pay the taxes. In this respect he erred as a matter of law, because her disability income is subject to federal taxation. § 61.30(3)(a), Fla....
...We find that the evidence would support an award of at least $750 per month to provide for the wife's needs as established during the marriage. The record indicates that the parties' combined net annual income likely exceeds $50,000 and that the recommended child support guidelines of section 61.30, Florida Statutes (1987), may not apply, as in Harrison....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2065854
...In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community. . . . § 61.30(2)(b), Fla....
...His only gainful employment was, as noted, weekend flea market sales. The Former Wife testified that when they were married, the Former Husband made about $100,000 annually as a builder. There was no evidence of "physical or mental incapacity." See § 61.30(2)(b)....
...nd by the court, was based on competent substantial evidence. The three statutory factors on the basis of which imputed income is to be calculated are recent work history, occupational qualifications, and prevailing earnings levels in the community. § 61.30(2)(b)....
...For guidance on remand, however, we note that family gifts and loans may generally not be used to impute income to a child support obligor. Elremmash v. Peterson,
676 So.2d 525, 525-26 (Fla. 2d DCA 1996); but see Cooper v. Kahn,
696 So.2d 1186, 1188 (Fla. 3d DCA 1997) (citing section
61.30(2)(a)(13), Florida Statutes, which includes in the definition of gross income "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses")....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 3828, 2010 WL 1050081
..." According to the father, the trial court misinterpreted his counsel's agreement regarding retroactive child support. The standard of review for a child support award is abuse of discretion. Karimi v. Karimi,
867 So.2d 471, 473 (Fla. 5th DCA 2004). Although the child support guidelines set forth in section
61.30, Florida Statutes, do not address a split custody situation, where, as here, both parties earn income, it is an abuse of discretion not to award both parties child support....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2005 WL 562558
...equate means of providing for the children's needs and finally, that time sharing was equally divided between the parents. The former wife argues that based on these findings, the trial court had the discretion to decline to order guideline support. Section 61.30, Florida Statutes (2003) contains child support guidelines....
...The "guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support," though the court may deviate, "plus or minus 5 percent, from the guideline amount, after considering all relevant factors." § 61.30(1)(a). A deviation of more than five percent from the guideline amount is proper only upon a written finding by the court explaining why ordering such guideline amount would be unjust or inappropriate. Id. Section 61.30(1)(a) further provides that: Notwithstanding the variance limitations of this section, the trier of fact shall order payment of child support which varies from the guideline amount ......
...income over $10,000: one child, 5.0%, two, 7.5%...." Two problems exist with the child support issue. First, the trial court made no finding as to the incomes of each parent. Second, the court failed to calculate the total support obligation as per section 61.30, Florida Statutes....
...Finley reflects that the fact that a parent earns substantially more than is necessary to meet the actual and bona fide needs of the child does not require assessment of child support over and above those bona fide actual needs. Rather, the trial court has discretion, in accordance with the dictates of section 61.30, to vary the support obligation....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 1369603
...insurance protection. This insurance, when found necessary, is to that extent part of the child support obligation, and the child support provisions in Chapter 61 do not require a parent to support a child beyond the obligor's ability to do so. See § 61.30, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 1369573
...Murphy, Eroding The Myth of Discretionary Justice in Family Law: The Child Support Experiment, 70 N.C. L. REV. 209 (1991); and Mary Ann Glendon, Fixed Rules and Discretion in Contemporary Family Law and Succession Law, 60 TUL. L.REV. 1165 (1986). [6] Compare § 61.30, Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1995 WL 316529
...($1,666.66 per month) as anticipated income from family gifts. The gift income was then added to the net monthly income from employment to arrive at the former husband's total net monthly income for purposes of the child support guidelines found in section 61.30, Florida Statutes (1993)....
...fts from his family which were and would be used in the maintenance of his own elevated lifestyle with his new spouse. I believe that these amounts were properly considered in computing the father's income for child support guidelines purposes under section 61.30, Florida Statutes (1993)....
...There is no reason in law or logic for precluding consideration of a particular source of that prosperity. 1. The fact that Sol's family is not contractually obliged to continue its gift giving is surely not determinative. Many, if not all, of the "standard" forms of income indicated in section 61.30(2)(a) including continuing employment itself share the uncertainty of life and the consequent possibility of termination....
...3d DCA 1995), whether it can be fairly be said that the funds in question are reasonably likely to be "available as a source of income in the future." Skipper,
654 So.2d at 1183. The trial court properly found on ample evidence that this was indeed the case here. [1] 2. The fact that section
61.30(2)(a) does not list "gifts" as a source of income is, by the very terms of the statute, similarly insignificant. Section
61.30(2)(a) specifically provides that "[g]ross income shall include, but is not limited to," the items which follow....
...being characterized as gifts may in reality be compensation. Similarly, the child support guidelines provide that income can consist of, among other things, "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses." § 61.30(2)(a)(13), Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1995 WL 407452
...urely as a matter of dividing marital property, we think he is correct. If, on the other hand, he means that the court could not order him to let the other parent use his separate property for the care of the minor child of the parties, we disagree. Section 61.30(13), Florida Statutes (1993), provides that "[i]f the recurring income is not sufficient to meet the needs of the child, the court may order child support to be paid from nonrecurring income or assets....
...etc., on the house as child support. He has not set out the amount of these required "child support" payments, and thus we have no way of knowing the dollar amount of the use of an asset in the nature of child support and the court-ordered payments. Section 61.30(1)(a) presumptively establishes the amount of child support the court may order a parent to pay....
...from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate." In order to harmonize subsection (1)(a) with subsection (13) of section 61.30, it seems necessary to us for the judge to know the value of the non-marital asset that the judge is employing for support purposes: i.e., the amount of these payments of mortgage, taxes, insurance, etc....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1991 WL 259447
...At the time of the hearing on appellant's petition for modification, appellee was earning $34,800 per year, and appellant's monthly income was $2,064.63, making a combined monthly net income of $4,775.44, an amount in excess of the maximum amount provided in the statutory child support guidelines, or $4,200.00. § 61.30(6), Fla. Stat. (1989). In circumstances in which the parents' combined net annual income exceeds $50,000 per year, as here, the guidelines are expressly made inapplicable. § 61.30(1)(b)2, Fla....
...Friedman,
307 So.2d 926, 927 (Fla. 3d DCA 1975). We reverse the trial court's award of child support. In Harrison v. Harrison,
573 So.2d 1018, 1020 (Fla. 1st DCA 1991), this court stated that if the parties' combined income exceeds the $50,000 maximum provided under section
61.30, the trial court must nevertheless "use the maximum presumptive guidelines amount as a `floor' to the child support award." In the case at bar, the trial court's reason for not considering *982 the maximum amount as a "floor" in its mod...
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2000 WL 1152839
...ermined on a monthly basis for the obligor and for the obligee as follows: (a) Gross income shall include, but is not limited to, the following items: * * * (13) Reimbursed expenses or in kind payments to the extent that they reduce living expenses. § 61.30(2)(a)13, Florida Statutes (1997); Hinton v....
...n. See id. The inquiry does not end there, however. Applying the law relating to child support, the district court indicated that the former wife's exclusive right of occupation of the former marital home should have been considered. The panel cited section 61.30(2)(a)13, Florida Statutes, which provides that in calculating child support, a party's gross income includes *833 "in kind payments to the extent that they reduce living expenses." The district court expressly held that "[t]hese include housing or housing expenses." Id....
...Mrs. Thomas's argument that she had been awarded occupancy of the former marital residence pursuant to the trial court's authority under the equitable distribution statute was unavailing, in that section
61.075(1)(h) "does not alter the operation of section
61.30(2)(a)." See id....
...r holdings in Issues One and Three regarding alimony and equitable distribution, respectively, will require the court to reconsider the parties' respective financial positions anyway which, in turn, could affect the calculation of child support. See § 61.30, Florida Statutes (1997); see Cooper v....
...dered by the trial court, are different from those matters that would come into play solely under the law of real property. Whatever the fair rental value of the property might be, the appellee's monthly living expenses were reduced by that sum, and section 61.30(2)(a)13 mandates that this financial benefit be considered in the *834 calculation of her gross income....
...ory requirements set forth in Thomas, to recalculate the appellee's income for purposes of calculating child support. While adhering to the position taken by the Second District Court in Thomas, we acknowledge that another sister court has construed section 61.30(2)(a)13 differently, has reached a contrary result, and has certified conflict with Thomas....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1113520
...In addition to the equitable distribution concerns, Ingrid has raised some support-related issues, most notably the trial court's failure to consider Tim's bonus income. Section
61.08(2)(g) requires a court to consider all sources of a party's income when computing alimony, and section
61.30(2) requires a court to include bonuses when calculating child support....
...-third reduction when the oldest child became emancipated upon his graduation from high school, which was anticipated to occur approximately one month after entry of the final judgment. Child support awards must be based on the statutory guidelines. § 61.30; see Donsky-Levine v....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 5347, 2010 WL 1626410
...The failure to make adequate findings requires remand for determination of child support. Armour v. McMiller,
15 So.3d 923, 925 (Fla. 5th DCA 2009); Crouch v. Crouch,
898 So.2d 177 (Fla. 5th DCA 2005). In making an award of child support, the trial court is required to determine the net income of each parent pursuant to section
61.30, and to include findings in the final judgment. See Deoca v. Deoca,
837 So.2d 1137, 1138 (Fla. 5th DCA 2003); see also §
61.30(2) (includable income), (3) (allowable deductions), (4)-(6) (determination of net income), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 1993 WL 113509
...In the motion for modification, Schramek included the statutory child support guidelines as a basis for reducing C.S.'s child support. Contrary to Schramek's assertion, the statute governing the child support guidelines specifically states that the guidelines cannot be used as a basis for reducing child support payments. § 61.30(1)(b)1., Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1989 WL 116621
...uggests that the business has a substantially greater value. Concerning the award of child support, the statutory child support guidelines are not applicable because the parties' combined net income, without imputed income, exceeds $50,000 per year. § 61.30(1), Fla. Stat. (1987). If the guidelines were applicable, the trial court would have been required to make specific findings concerning the husband's underemployment, his employment potential, and his probable earnings level. § 61.30(2)(b), Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1998 WL 736369
...[4] He testified he had sought employment consistently but had been unsuccessful. In order to impute income to an unemployed parent, the court must first find the parent is voluntarily unemployed or under-employed, and if so income should be imputed on the parent's recent work history. § 61.30(2)(B), Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1997 WL 683121
...xes plus interest and penalties, which resulted from the sale of the former marital residence. We find no error in the trial court's assessment of the capital gains tax liabilities and write only to address the imputation of income. Florida Statutes section 61.30(2)(b) permits the trial court to impute income to an underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 4208, 34 Fla. L. Weekly Fed. D 901
...4th DCA 2000), the father brought an action seeking primary residential custody. The trial court awarded him custody and awarded child support, citing section
742.031(1), Florida Statutes (1999), which provides that the "court shall order either or both parents owing a duty of support to the child to pay support pursuant to s.
61.30." Id....
...4th DCA 2008) (citation omitted); Schram v. Schram,
932 So.2d 245, 249 (Fla. 4th DCA 2005). When imputing income, the trial court takes into consideration recent work history, occupational qualifications, and the prevailing earnings level in the community. Chipman,
975 So.2d at 608; §
61.30(2)(b), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2000 WL 678997
...Jacoby's primary focus, and in which he concluded that, her rigidness notwithstanding, she was the parent who was most likely to encourage a relationship with the noncustodial parent. Again, the evidence did not support the court's findings on this statutory factor. Retroactive child support. Section 61.30(17), Florida Statutes (1997), permits the circuit court in its discretion to award child support retroactive to the date the parties last lived together with the children....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1991 WL 75545
...NIMMONS, Judge. Vicki Touchstone appeals from a final judgment of dissolution of marriage in which the trial court denied her petition for rehabilitative alimony and awarded child support which departed from the minimum amount under the guidelines of Section 61.30, Florida Statutes (1987)....
...We find the rehabilitative alimony issue is without merit. We find, however, that the trial court erred in departing from the statutory minimum child support guidelines amount without stating its findings and explaining why it departed from the recommended minimum guidelines. Section 61.30(1)(a), Florida Statutes (1989) provides: [T]he trier of fact may order payment of child support in an amount different from such guideline amount upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate....
...Our review of the record reveals that the trial court did not set forth a specific written finding on the record to justify departure from the statutory guidelines amount. Although not raised by either party on appeal, we point out, sua sponte, that the court should have applied Section 61.30(1)(a), Florida Statutes (1989)....
...egal conception of a retrospective law, or the general rule against retrospective operation of statutes. *827 Id. at 136 (citing Cunningham v. State Plant Board of Florida,
112 So.2d 905 (Fla. 2d DCA), cert. denied,
115 So.2d 701 (Fla. 1959)). Here, Section
61.30(1)(a), Florida Statutes (1989), is procedural in nature because it only requires the trial court to justify its departure from the recommended minimum amount of child support with specific or written findings. Even if Section
61.30, Florida Statutes (1987) fully applies, the absence of specific or written findings of fact preclude meaningful appellate review of the financial evidence in the lower court proceedings....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10365, 2009 WL 2243807
...Schram,
932 So.2d 245, 249 (Fla. 4th DCA 2005). A trial court shall impute income to an unemployed parent where such unemployment is voluntary, "absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control." §
61.30(2)(b), Fla....
...d." Id. at 249-50 (citation omitted). The trial court may only impute a level of income supported by the evidence of employment potential and probable earnings based on work history, qualifications, and prevailing wages in the community. Id. at 250; § 61.30(2)(b), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 108393
...Hamlet,
583 So.2d 654 (Fla. 1991); Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980). Husband was directed to pay a total of $1,000 in monthly child support, half on the 1st and the other half on the 15th of each month. The presumptive child support need is established in section
61.30, Florida Statutes (1989). The child support worksheet indicates the parties' combined monthly net incomes total $4,039.32. Husband's and Wife's incomes account for 64% and 36% of the total, respectively. The schedule in section
61.30(6), Florida Statutes (1989), provides that $1,744 is the minimum child support need, within plus or minus 5%, for combined monthly incomes of $4,050 where there are four children. We vacate the $1,000 monthly child support award and remand for further proceedings. Section
61.30(1)(a), Florida Statutes (1989), requires that, upon remand, the trial court explain why ordering payment of the guideline amount would be unjust or inappropriate....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 10906, 2011 WL 2698685
...tact for the children’s benefit. The court acknowledged that once the marital residence is sold and the other assets are divided, the equitable distribution will provide a substantial amount of money to each party. To calculate child support under section 61.30, Florida Statutes (2009), the court listed the parties’ gross monthly incomes as $18,333 ($10,468 net) for the husband and $4,050 ($3,900 net) for the wife....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1998 WL 27587
...Among the disputed issues between the parties were the visitation schedule and the financial responsibility for same. The petition for dissolution of marriage was referred to a General Master for final hearing. For purposes of the child support guidelines, § 61.30, Fla....
...The expense of transporting the minor child for visitation is a childrearing expense like any other. The approach taken by the child support guidelines is that childrearing expenses should be shared by the parents in accordance with their financial means. See § 61.30, Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1993 WL 48256
...eason for increasing the guidelines figure. The final judgment, however, also states, "The parties have stipulated that the child support should be paid by the non-residential to the residential parent pursuant to the Guidelines of Florida Statutes, Section 61.30......
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2003 WL 340854
...ed its discretion by making an inequitable distribution of assets and liabilities, contrary to section
61.075, Florida Statutes (2001); and by imputing income to him for purposes of determining the parties' respective child-support obligations under section
61.30, Florida Statutes (2001)....
...Commencing December 1, 2001, the former husband was ordered to remit to the former wife $1,584.84 monthly for child *603 support based on the calculation that their respective parental financial responsibilities are 56.4% (his) and 43.6% (hers) under the statutory guidelines. § 61.30(9), Fla....
...t obligation. The court set his monthly child-support obligation at $1,584.84. The child-support guidelines provide that the presumptive amount is derived from the statutory "schedules," which are to be applied to the parents' "combined net income." § 61.30(1)(a) & (6), Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1989 WL 147385
...nsistent with his imputed net income of $320.00 per week, making due allowance for the husband to retain a sufficient amount of his income in order that he may live and work. REVERSED and REMANDED. DAUKSCH and SHARP, JJ., concur. NOTES [1] See e.g., § 61.30(2)(b), Fla....
...t yet afford it. [4] See e.g., Pirino v. Pirino,
549 So.2d 219 (Fla. 5th DCA 1989). [5] The $476.63 monthly allowance for support for two children is about right as it constitutes 34.37% of the husband's net attributed income of $1,386.56. See e.g., §
61.30(6), Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19823, 2010 WL 5350985
..., together with all insurance deductibles." The wife contends that the trial court's 50/50 allocation of unreimbursed medical expenses was error because it conflicted with the final judgment's child support allocation. This contention has merit. See § 61.30(8), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 370422
...Our careful review of the pertinent statutes and cases persuades us that the trial court based its decision regarding child support on a misperception of which version of the statute applies. We reverse that portion of the order increasing child support, and remand for a recalculation of the parties' net incomes pursuant to section 61.30, Florida Statutes (1991) (child support guidelines)....
...Southeast Bank, N.A.,
473 So.2d 1352, 1353 (Fla. 4th DCA 1985). We also reverse that part of the order including in the former Wife's income the alimony award from the former Husband as spousal support received "from a previous marriage" pursuant to section
61.30(2)(a)(9), Florida Statutes (1991)....
...McArthur,
106 So.2d 73, 76 (Fla. 1958); Barrs v. Barrs,
590 So.2d 980, 981 (Fla. 1st DCA 1991). On the first issue, child support, the trial court found the parties' combined incomes exceeded $50,000 per year. Accordingly, pursuant to the version of section
61.30 used by the trial court, the child support guidelines were deemed inapplicable. See section
61.30(1)(b)2, Florida Statutes (1989)....
...Decisions on Appellant's motion for reconsideration and Appellee's motion for rehearing were rendered in January 1992. See Fla. R.App.P. 9.020(g). We find the case sub judice is controlled by our decision in Reed, where we determined the remedial nature of section 61.30 made it applicable to pending proceedings....
...We note that the honorable trial judge did not have the benefit of Reed when the award of child support was increased. The $7,119.41 per month determined to be the parties' combined available income placed them below the $100,800 per year ceiling established in the applicable statute. See section 61.30(1)(b)2, Florida Statutes (1991)....
...e. Appellant alleged the failure to allow him the deduction was erroneous because it resulted in the "double inclusion" of the alimony amount in the income available for child support. We believe that the former Husband has misconstrued the statute. Section 61.30(3)(a)-(f), Florida Statutes (1991), sets forth allowable deductions from gross income....
...deduct the amount of his disability and dental practice overhead insurance prior to the determination of appropriate child support. In Harrison, as in the case at bar, the item for which deduction was sought was not among the statutory deductions in section 61.30(3). We note, however, that the trial court has discretion, pursuant to section 61.30(10)(c), to adjust the minimum child support award, or the parental shares thereof, based on the payment of "spousal support to the obligee." Additionally, section 61.30(10)(i) permits an adjustment of the parental share of child support based on "[a]ny other adjustment which is needed to achieve an equitable result." We find no abuse of discretion in the trial court's not permitting the former Husband to deduct alimony. The third issue is closely related to the second. Section 61.30(2)(a)9, Florida Statutes (1991), includes in gross income "[s]pousal support received from a previous marriage." Appellant contends the former Wife was required to include the amount of alimony in her income because, at the time of the...
...We interpret the disputed language differently, as referring to a marriage previous to the one the dissolution of which is the subject of the modification proceedings. The former Husband has not provided any decisional law supporting his and the trial court's interpretation of section 61.30(2)(a)(9). We hold that the trial court erred, as a matter of law, by including the alimony award in the computation of the former Wife's gross income pursuant to section 61.30(2)(a)(9). On remand, the trial court is directed to determine each parent's percentage share of the child support need in accordance with the formula set forth in section 61.30(8) & (9), Florida Statutes (1991)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1996 WL 441624
...d "other undisclosed sources of income from his business and business accounts" (emphasis added) was $12,500 per month. The uncontroverted testimony is that in 1993, the year preceding the divorce, the husband earned $30,000 from Dry Cleaning Depot. Section 61.30(2)(b), Florida Statutes (1993), provides for the imputation of income where a parent is voluntarily underemployed or underpaid based upon a showing that the party has the capability to earn more....
...Accordingly, an award of child support cannot be overturned on appeal absent a clear showing of an abuse of discretion. Silver. Thus, this court must determine whether the trial court abused its discretion in ordering Appellant to pay $2309.19 in child support per month. Section
61.30, Florida Statutes (1993), presumptively establishes the amount the trier of fact may order as child support in a dissolution proceeding. §
61.30(1)(a), Fla. Stat. (1993). Nevertheless, while helpful, the child support guideline figures are not to be automatically applied. Todesco v. Todesco,
583 So.2d 774, 775 (Fla. 4th DCA 1991). Accordingly, where appropriate, section
61.30 contemplates the imputation of income to an underemployed parent. Specifically, section
61.30(2)(b) provides: Income shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
...ges and bonuses. Pursuant to the guidelines, gross income includes, but is not limited to the following: salary or wages, bonuses, and business income from sources such as self-employment, partnerships, close corporations, and independent contracts. § 61.30(2)(a), Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1994 WL 568048
...d management and sales positions with salaries ranging from $17,000.00 to $32,000.00 per year. Without expressly identifying the amount or source of any income imputed to Father, the trial court ordered him to pay $500.00 per month in child support. Section 61.30, Florida Statutes (1993), presumptively establishes the amount of child support a parent shall be ordered to pay based upon that parent's income. Additionally, section 61.30(2)(b) provides a mechanism whereby the trial court can impute income to the paying parent....
...This section provides, in pertinent part: Income shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on the parent's part, absent physical or mental incapacities or other circumstances over which the parent has no control... . Fla. Stat. § 61.30(2)(b) (1993)....
...Wendroff,
614 So.2d 590 (Fla.1st DCA 1993); Woodard v. Woodard,
634 So.2d 782 (Fla.5th DCA 1994). In the instant case, the only reasonable explanation for awarding $500.00 per month in child support is that the trial court imputed income to Father as is permitted by section
61.30(2)(b). The support guidelines indicate that when a paying parent's income is $2,300.00 per month a court should award $500.00 in support for one child. See Fla. Stat. §
61.30(6) (1993)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1993 WL 440274
...It is reversible error to depart from the child support guidelines without provision of a written finding or a specific finding on the record explaining why it would be unjust or inappropriate to order payment of the guidelines amount, as required by section
61.30, Florida Statutes. Walsh v. Walsh,
600 So.2d 1222 (Fla. 1st DCA 1992); Touchstone v. Touchstone,
579 So.2d 826 (Fla. 1st DCA 1991); Martin v. Martin,
616 So.2d 158 (Fla. 3d DCA 1993). See also Steele v. Steele,
617 So.2d 736 (Fla. 2d DCA 1993). Section
61.30(1)(a), Florida Statutes, provides: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a pr...
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1998 WL 135087
...the court, the $650 per month mortgage payment constituted additional child support. He argues that the total of the child support guidelines amount and the mortgage payment exceeds the guidelines amount by more than 5% with no written reasons. See § 61.30(1)(a), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2005 WL 623235
...ons which can best be described as "hypothetical." The general master attached those worksheets to the report and recommendation making a specific reference to the worksheets in that report. The general master's calculations were facially erroneous. Section 61.30(3), Florida Statutes (2003), lists deductions to be taken from gross income in order to determine each parent's net income....
...Only the items listed in the statute may be taken as deductions from gross income. Copeland v. Copeland,
667 So.2d 487 (Fla. 1st DCA 1996). Court-ordered support for other children which is actually paid by a parent is included in the statutory list. §
61.30(3)(f)....
...mount. While the obligation to support children not subject to any prior support action is not an allowable deduction from gross income, in some circumstances it is a matter that can be considered as grounds for a deviation under other provisions of section
61.30. See Hutslar,
652 So.2d 432; but see §
61.30(12) (placing a number of restrictions on when and how support of subsequently born children can be taken into consideration). A court may deviate from the presumptive child support guidelines amount by up to 5 percent, without explanation, using the considerations in section
61.30(11). See §
61.30(1)(a)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1995 WL 353492
...First, he contends that the trial court abused *565 its discretion by failing to impute income to the wife where the evidence clearly showed her ability and willingness to be employed. We agree. When calculating child support pursuant to the guidelines, section 61.30(2)(b), Florida Statutes (1993), requires the following: Income shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1998 WL 374716
...l responsibility for the parties' minor child with Mrs. Thomas. Based on Mr. Thomas's 48 per cent share of the parties' combined net income, the court ordered him to pay monthly child support of $554 pursuant to the statutory guidelines set forth in section 61.30, Florida Statutes (1995)....
...Thus, the trial court correctly declined to apply Mr. Thomas's share of the home's rental value against his child support obligation. Nevertheless, under the law governing child support, Mrs. Thomas's exclusive right to occupy the home should have been taken into account. Section 61.30(2)(a)13....
...Section
61.075(1)(h), Florida Statutes (1995), does provide that when dividing the parties' assets, the court may consider the desirability of retaining and awarding exclusive possession of the marital home as a residence for any dependent child. But that statute does not alter the operation of section
61.30(2)(a)....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1990 WL 98587
...[2] The approach that we propose would, of course, apply equally to a wife who owes a duty of support to her former spouse and children. [3] Because the husband has been meeting his $500 a month child support payments, we see no need to determine whether section 61.30(2)(b), Florida Statutes (1989), compels a different result. The equitable principles that led to our opinion today apply equally to determinations of alimony and child support. The Child Support Guidelines, section 61.30, allow the trier of fact to depart from the guidelines when application of the guidelines would be "unjust or inappropriate." Such is the case here....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1994 WL 33646
...issue for appellate review. From the pleadings, financial affidavits, and statement of the evidence, it appears that appellants brought a claim for child support, the amount of which was to be determined by application of the guidelines set forth in section 61.30, Florida Statutes, to the earnings of the parties as indicated in the financial affidavits....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1992 WL 21849
...3d DCA 1991), where we held that "the guidelines should be utilized as a floor in the consideration of the sums to be awarded for child support... ." The $800 awarded is considerably below the guideline amount of $1,148, appropriate for one child whose parents have an income up to $100,800. § 61.30(6), Fla....
CopyCited 9 times | Published | Supreme Court of Florida
...This form notifies defendants or respondents of their obligations to respond. Form 1.975 was amended to provide a more extensive financial affidavit to be used in dissolution of marriage cases. This change is consistent with the child support guidelines set forth in section 61.30, Florida Statutes (1987)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5942, 36 Fla. L. Weekly Fed. D 869
...The trial court directed the parties to execute the forms necessary to effectuate this provision of the final judgment. The wife argues that the trial court erred by transferring the exemptions directly and in failing to condition the exemption on the husband’s being current in his child support payments. Section 61.30(ll)(a)(8) provides that “[t]he court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption if the paying parent is current in [child] support payments.” In doing so, “[t]he trial court cannot...
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2000 WL 461228
...ent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child. § 61.30(2)(b), Fla....
...Second, he contends that the lower tribunal abused its discretion by imputing income based on the finding that Appellant had refused to look for work outside his "narrow field of engineering," where the only competent *907 substantial evidence of record established the opposite conclusion. The imputation provisions of section 61.30(2)(b), Florida Statutes, have been construed to include an "intent" element supported by findings of fact....
...In remanding the case to the trial court, we offer the factors set forth in Reece as a useful starting point in determining whether the record supports a finding of voluntary unemployment or underemployment. Where a finding of voluntary unemployment or underemployment is made, section 61.30(2)(b), Florida Statutes (1997), states that the trial court is to determine the parent's employment potential and probable earnings level based on the his or her "recent work history, occupational qualifications, and prevailing earnings level in the community....
...voluntariness and, if so, in the same amount absent the requirement that a reasonable job search include inquiry into employment opportunities a great geographical distance from Florida. See Burkhardt v. Bass,
711 So.2d 158 (Fla. 4th DCA 1998) (only §
61.30(2)(b), Fla....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 184448
...dren. The financial burden for the younger son has fallen solely upon the former wife's present husband, who has no legal obligation to support the former husband's children. d. The former husband's income has substantially increased. e. Pursuant to section 61.30, Florida Statutes, the present support amount for the younger son should be $350, which represents a percentage difference substantially greater than the 15 percent required for a modification of child support under section 61.30(1)(b)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1990 WL 48651
...In setting the husband's child support, it appears that the trial court did not properly consider the social security benefits the children were receiving, if it considered them at all. The record contains a child support schedule calculated in accordance with the statutory child support guidelines. § 61.30, Fla....
...We find no fault with the trial court's use of the guidelines in this case. [3] However, the trial court erred in not including the social security benefits received by the children when calculating the husband's contribution to the combined family gross income. Section 61.30(2)(a)8 specifically directs that, "Gross income shall include ......
...ordinary support obligation. Best is distinguishable because it involved a petition to modify a prior final judgment, not a motion for relief from judgment pursuant to rule 1.540, and the opinion reflects that court did not consider the provision in section 61.30(2)(a)8....
...ild support, exceeded his monthly income by $151.50. [2] This amount was calculated as follows: social security check in the amount of $583.90 minus $271.90 ($200.00 in child support + $40.00 in arrearages + $31.90 for monthly medicare premium). [3] Section 61.30(1), Florida Statutes (1989) now makes the guidelines presumptively applicable: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an in...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 14188, 2010 WL 3718117
...We reverse the portion of the final judgment awarding child support to the Husband because the judgment fails to include any findings concerning the incomes of the parties, and therefore, we cannot determine whether the child support award is within the guidelines established in section 61.30, Florida Statutes (2007). We do not find merit in the other issues raised by the Wife and affirm as to those issues without further discussion. Section 61.30 sets forth guidelines as to the amount of child support which should be awarded based on the monthly incomes of the parties. If a trial court awards child support which deviates more than five percent from the guidelines, it must make a written finding explaining why the guidelines amount would be inappropriate or unjust. § 61.30(1)(a)....
...s required by section
61.13(1)(b), Florida Statutes (2007). The order also does not address child care costs and noncovered medical, dental, and prescription medication expenses, and we cannot determine if the trial court considered these costs. See §
61.30(7), (8)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1268262
...We find, however, that the trial court erred in imputing $79,159 of gross annual income to the former husband. The standard of review for a trial court's imputation of income is whether there is competent, substantial evidence to support it. Hinton v. Smith,
725 So.2d 1154 (Fla. 2d DCA 1999). Section
61.30(2)(b), Florida Statutes (1999), provides: (b) Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such [un]employment or underemployment is found to be voluntary on that parent's part, absent physica...
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22316811
...lity to work, however, the *308 Court finds that she is able to be employed on at least a part-time basis." Based upon that finding, it imputed income of fifty percent of minimum wage. The issue of the imputation of income to a parent is governed by section 61.30(2)(b), Florida Statutes (2001), which states: Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2001 WL 1359095
...level of $27,000 per year. He also had a disability, having been diagnosed with Post-Traumatic Stress Disorder and Crohn's Disease. The trial court imputed an income of $40,000 to the husband. This figure appears nowhere in the stipulated statement. Section 61.30(2)(b), Florida Statutes (1999), governs the imputation of income for child support purposes: Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be volu...
...As such, the court erred in imputing that sum to the husband. As his second point, the husband contends that the trial court erred in failing to deduct from his income the amount he pays for child support for a child other than the children of this marriage. Section 61.30(3)(f) provides that "[c]ourt-ordered support for other children which is actually paid " is an allowable deduction from gross income for purposes of calculating net income available for child support....
...Therefore, we find no abuse of discretion in determining that she has "custody" for purposes of awarding child support. However, the court failed to take into consideration the substantial amount of time that the husband spends with the children as is required in section 61.30(1)(a)....
...4th DCA 2001), we held that it was error to fail to take into consideration the substantial amount of time that the children spend with the non-custodial parent. We noted in that case that the children spent 44% of their time with the father. See id. The legislature recently amended section 61.30(11)(b) to define "substantial amount of time" that a parent spends with a child as amounting to 40% or more of the overnights of the year....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2004 WL 943134
...consistent with this opinion. We find no abuse of discretion in the alimony award. A trial court's imputation of income is reviewable for abuse of discretion. See Canakaris v. Canakaris,
382 So.2d 1197, 1202 (Fla.1980). To impute income pursuant to section
61.30(2)(b), Florida Statutes (2003), "the trial judge must find that the parent owing a duty of support has the actual ability to earn more than he or she is currently earning, and that he or she is deliberately refusing to return to work at that higher capacity to avoid support obligations." Stebbins v....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1996 WL 343016
...month. At the time of the petition for modification, the child was eleven years old, and Young testified to some increased expenses on her behalf. Appellee had experienced an increase in his income. Appellant also asserted that by virtue of sections 61.30(1)(a) and 61.30(1)(b), Florida Statutes, there had been a substantial change in circumstances, in that the guidelines amount of child support represented more than a fifteen percent or $50 increase over the amount originally ordered....
...Jones,
636 So.2d 867 (Fla. 4th DCA 1994). The guidelines may provide the basis for finding a substantial change in circumstances, and the guidelines amount is presumptively the amount the trier of fact shall order in either an initial or modification proceeding. See §§
61.30(1)(a),
61.30(1)(b), Fla.Stat.; Matthews v....
...Rather than simply denying modification, the trial court should have determined whether it was appropriate to impute income to Young. In doing so, the trial court should have considered whether it was necessary for Young, as the primary residential parent, to be at home with the child, see section 61.30(2)(b)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1996 WL 426159
...Second, the trial court imputed net income for appellant without first imputing a gross income. Moss v. Moss,
636 So.2d 164 (Fla. 4th DCA 1994). The net income should have been imputed "only after taking the allowable deductions from an imputed gross income figure as provided in section
61.30(3), Florida Statutes (1991)." Id....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1996 WL 1118
...Second, the trial court imputed net income for appellant without first imputing a gross income. Moss v. Moss,
636 So.2d 164 (Fla. 4th DCA 1994). The net income should have been imputed "only after taking the allowable deductions from an imputed gross income figure as provided in section
61.30(3), Florida Statutes (1991)." Id....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1994 WL 6721
...putation. However, the trial court's estimate of the net monthly income apparently excludes income attributed to regular overtime at the mother's full-time employment and part-time *1093 employment at a second job, which is properly includable under section 61.30(2)(a)2....
...On remand, the additional overtime and part-time employment should be included unless the trial court specifically finds the overtime or part-time employment will not be available as income sources in the future. In addition, certain deductions from appellee's gross income were incorrectly permitted. Section 61.30 Florida Statutes (1991), the Child Support Guidelines, control here and particularly section 61.30(3) which specifies the payments that qualify for deduction....
...More specifically, voluntary contributions to Motorola's profit sharing plan, repayments of a profit sharing loan, payments into a credit union for savings and repayment of a loan do not appear to fit any of the allowable categories of deductions under section 61.30(3). On the other hand, if the mother is paying child support for her older child, this would constitute an allowable deduction under section 61.30(3)(f), which the trial court did not take into account. On remand the computation of net income should reflect the foregoing applications of section 61.30(3) if supported by the evidence....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1995 WL 46411
...*159 When the husband completes his fellowship and his salary increases, the wife may petition the court for a modification in support payments based solely on an increase in the husband's income.
566 So.2d at 1311-12 (footnotes omitted; emphasis in original); [2] see also §
61.30(1)(b), Fla....
...court. See Tamari,
599 So.2d at 681; Vazquez,
443 So.2d at 314. The child support award is reversed and the cause remanded with directions to recalculate the child support award in accordance with the husband's current net income, in conformity with section
61.30, Florida Statutes....
...me figure. For purposes of the child support guidelines, the trial court applied this gross income figure to the child support guidelines. The child support tables, however, call for application of a net income figure, not a gross income figure. See § 61.30(6), Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 51098
...hat these dictates should have been followed, and on remand the court is directed to award the refrigerator and freezer to Mrs. Pridgeon, since the evidence is undisputed that these items are nonmarital. In establishing the child support guidelines, section 61.30, Florida Statutes (1991), the legislature has spoken to the presumptive amount the trier of fact shall order as child support. § 61.30(1)(a), Fla....
...income to be imputed "to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control." § 61.30(2)(b), Fla....
...Since no consideration of these matters appears in the final judgment, we need not determine whether income may be properly imputed to her on remand. The trial court apparently wished to relieve Mr. Pridgeon of any obligation to pay child support during the summer. Section 61.30(10)(g), Florida Statutes (1991), provides that the child support award may be adjusted because of "the particular shared parental arrangement, such as where the secondary residential parent spends a great deal of time with the children...
...f meaningful personal contact between Mrs. Pridgeon and her son in addition to the one week already set out. AFFIRMED in part, REVERSED in part, and REMANDED. JOANOS and WEBSTER, JJ., concur. NOTES [1] In 1993, the legislature added the following to section 61.30(11)(g) (section renumbered): "If a child has visitation with a noncustodial parent for more than 28 consecutive days the court may reduce the amount of support paid to the custodial parent during the time of visitation not to exceed 50...
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1997 WL 795077
...The record contains sufficient evidence demonstrating how the court made its determination. Also, the trial court did not abuse its discretion when it did not consider Mr. Catalfumo's capital gains in the child support calculations because the record does not establish whether the gains were recurring or non-recurring. See § 61.30(a)(14) Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
... “When the obligor spouse voluntarily becomes unemployed or
underemployed, the income that he or she is capable of earning
may be imputed for purposes of determining an appropriate award
of support.” Smith v. Smith,
737 So. 2d 641, 644 (Fla. 1st DCA
1999); see also §
61.30(2)(b), Fla....
...and that
he once expected to make even more through a Kentucky business
arrangement that did not materialize. But to impute $100,000 of
income, the court needed evidence that the ex-husband had the
present ability to earn $100,000 in his community. § 61.30(2)(b),
Fla....
...community where he and his family live.”). There was testimony
from the ex-husband’s former employer that if his outfit was hiring
someone with the ex-husband’s credentials, it would pay at least
$100,000. But there was no evidence that such a job was available.
See § 61.30(2)(b)1.b....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2006 WL 2265417
...Further, on this record, we believe no such finding could have been made. Section
61.13, Florida Statutes, states that "the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in s.
61.30." That section, in turn, states that the child support guideline amount "presumptively" establishes the amount the trier of fact shall order as child support. §
61.30(1)(a), Fla. Stat. (2005). Subsection
61.30(11)(a) states that the court "may adjust the minimum child support award, or either or both parents share of the minimum child support award," based upon several different considerations, including, "[a]ny other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt." §
61.30(11)(a)11., Fla....
...Indeed, this is a lower percentage than that of the noncustodial parent's income in the above cases. Thomas is probably closest at 58%. The statute specifically permits an adjustment to the guideline amount in cases exceeding 55% of gross income. See § 61.30(11)(a)9, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2002 WL 1971880
...to his secondary parenting of the parties' two children, resulting in an incorrect child support obligation determination. As to this issue, we reverse and remand to the trial court for adjustment of appellant's child support obligation pursuant to section 61.30(11)(b)10., Florida Statutes (2001)....
...Accordingly, we hold that the deferred distribution approach is proper when distributing unvested stock options as marital property. Turning now to the second issue on appeal, appellant argues that the trial court erred in not applying the substantial parenting formula to appellant's secondary parenting, according to section 61.30(11)(b)10., Florida Statutes (2001). Pursuant to section 61.30(11)(b), Florida Statutes (2000), if a shared parental arrangement provides that a child spends "a substantial amount of time" with each parent, the court shall adjust the noncustodial parent's child support obligation according to the statutory directives. In 2001, the Legislature amended this section by defining "substantial amount of time" to mean that "the noncustodial parent exercises visitation at least 40 percent of the overnights of the year." § 61.30(11)(b)10., Fla....
...Because this issue regards the trial court's proper application of law, we review this issue de novo. Canakaris v. Canakaris,
382 So.2d 1197, 1202 (Fla. 1980). While appellee filed the dissolution petition prior to the 2001 legislative amendment, the Fourth District Court of Appeal has since held that section
61.30(11)(b)10., Florida Statutes (2001) is remedial legislation that can be retroactively applied since the amendment furthers the remedy or confirms the rights already established in section
61.30, Florida Statutes....
...See also Guttler v. Guttler,
798 So.2d 888 (Fla. 4th DCA 2001); Undercuffler v. Undercuffler,
798 So.2d 867 (Fla. 4th DCA 2001). We agree with the Fourth District Court of Appeal and find that the 2001 legislative amendment does confirm the rights in section
61.30, Florida Statutes. Prior to the amendment, section
61.30(11)(b) merely read "substantial amount of time with each parent" without defining what this term constituted. The 2001 amendment defines such term to mean that "the noncustodial parent exercises visitation at least 40 percent of the overnights of the year." §
61.30(11)(b)10., Fla....
...While the trial court's normal parenting schedule, which did not include Wednesday nights, may not have constituted substantial parenting time, the inclusion of the additional nights greatly increased appellant's time with the children. Thus, because we hold that section 61.30(11)(b)10., Florida Statutes (2001) is remedial, we reverse and remand appellant's child support obligation to the trial court for further computation and adjustment....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1995 WL 480677
...Until the child reaches majority, the law of the state of Florida imposes on a parent the obligation to support his or her minor children. See §
61.13(1)(a), Fla. Stat. (1993) (court may order any parent who owes duty of support to a child to pay support in accordance with guidelines in §
61.30); and §
743.07(2), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1998 WL 472649
...Connell's reported income for his last month of work at GC Service in January 1994. This resulted in a monthly child support obligation of $1,394. *843 We conclude that the evidence was sufficient to support the trial court's determination that Mr. Connell was "underemployed" for the purposes of section 61.30(2)(b), Florida Statutes (1995), and that such underemployment was "voluntary." The trial court, however, could only impute a level of income supported by the evidence concerning the "employment potential and probable earnings level of [Mr. Connell] ... based upon his ... recent work history, occupational qualifications, and prevailing earnings level in the community." § 61.30(2)(b), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1997 WL 194132
...Second, we also reject Cooper's claim that the trial court erred in imputing income to her based on the continued monthly payment of Cooper's living expenses by her mother. Section
61.046 Florida Statutes (1995), the definitions section of Chapter 61, instructs that "income" includes "payments, made by any person." Section
61.30(2)(a)(13), Florida Statutes (1995), outlining the child support guidelines, instructs us that the term "income" includes: "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses [for the parent]." See Thalgott v....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3103153
...The trial court found that the Former Husband had a net yearly income of $43,000 and imputed a net yearly income of $10,000 to the Former Wife. The Former Wife does not challenge the imputation of income. The trial court ordered the Former Husband to pay a guideline amount of $1135 per month as child support. Although section 61.30(11)(a)(6) allows a trial court, in its discretion, to increase the guideline amount based on a child's special needs, there must be evidence to support the increased award....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1998 WL 236163
...ren is $904 and [the father's] share is $508.... Wherefore, it is ORDERED AND ADJUDGED that [father's] *160 child support payments are now $508 per month plus $200 for arrearages making a total payment due each month of $708. (Emphasis supplied). Subsection 61.30(2)(b), Florida Statutes (1995), mandates that the trial court impute income for purposes of child support upon a finding that the unemployment or underemployment is voluntary: Income shall be imputed to an unemployed or underemployed pa...
...ployment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has not control. (Emphasis supplied.) In considering the amount of income to be imputed, subsection 61.30(2)(b) further sets forth the factors that a trial court shall consider: In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon hi...
...puted from which the modified amount of child support was calculated. The father argues alternatively that the trial court's order is deficient and must be reversed because the order does not contain the "factual findings" he alleges are required by section 61.30(2)(b)....
...As Judge Farmer stated in Murphy v. Murphy,
621 So.2d 455 (Fla. 4th DCA 1993), "whenever in chapter 61 the legislature actually wanted the trial judge to spell out factual findings in written judgments, it knew how to say so." According to the plain language of section
61.30(2)(b), the only "finding" required for imputation of income is a finding that the parent is voluntarily unemployed or underemployed....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2005 WL 711620
...ndings. We affirm without discussion the trial court's treatment of the Former Husband's child support arrearage. As part of the postdissolution proceedings, the Former Husband sought retroactive reduction of his child support obligation pursuant to section 61.30(11)(b)(10), Florida Statutes (2003). Section 61.30(11)(b) provides that "[w]henever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support." Subsection (11)(b)(10) states th...
...tive adjustment, we affirm the denial of a retroactive reduction in child support. Concerning future child support, the trial court increased the amount to be paid by the Former Husband. In doing so, the court did not make any adjustment pursuant to section 61.30(11)(b)....
...In Migliore v. Harris,
848 So.2d 1250 (Fla. 4th DCA 2003), the court addressed a situation similar to the one here. There, the father historically had exercised visits that amounted to less than the 40% needed to constitute a substantial amount of time under section
61.30(11)(b)(10)....
...Although the trial court made an adjustment to the father's support obligation, it did not do so in accordance with the statutory formula. The Fourth District concluded that the trial court erred because the visitation schedule met the requirements of section 61.30(11)(b)(10) and, as a result, the statutory adjustment "is mandatory." Id. at 1252. The court stated that *389 the trial court was required to adjust the child support obligation under section 61.30(11)(b). In the event the father subsequently failed to exercise the 40% visitation requirement, the mother is provided a remedy under section 61.30(11)(c), Florida Statutes (2001)....
...To apply the remedy before the adjustment is made is placing the cart before the horse. Id. (emphasis added). Here, the trial court's order approved a visitation schedule that provides the Former Husband with 40% to 42% of the yearly overnight visits. Pursuant to section 61.30(11)(b) and consistent with Migliore, the trial court should have adjusted the Former Husband's prospective child support obligation to take into account the substantial amount of visitation time reflected by the visitation schedule. If, in the future, the Former Husband does not regularly exercise at least 40% of the overnight visits, the Former Wife may seek a modification of child support pursuant to section 61.30(11)(c), retroactive to the date the Former Husband first failed to regularly exercise at least that level of visitation. Accordingly, we reverse the amendment to the final judgment to the extent that the trial court failed to adjust the Former Husband's prospective child support obligation in accordance with section 61.30(11)(b), and we remand for the trial court to make the required adjustment....
...child support arrearage; (2) affirm the denial of the Former Husband's request for retroactive reduction in child support; (3) reverse the amount of prospective child support and remand for the trial court to make the required adjustment pursuant to section 61.30(11)(b); (4) affirm the trial court's determination that the Former Wife is entitled to an award of fees and costs; and (5) reverse the amount of fees and costs awarded and remand for the trial court to reconsider the amount and to make specific findings to support the amount awarded....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 33 Fla. L. Weekly Fed. D 741
...Uninsured Medical and Dental Expenses for the Child The trial court ordered the parties to equally divide any uninsured medical and dental expenses for the child despite determining Silvia's percentage share of child support to be 36% and Orestes's share to be 64%. We find this to be reversible error. Section 61.30(8), Florida Statutes (2006), provides that children's uncovered medical expenses are to be paid by each parent on a percentage basis....
..."[T]he benefit to the noncustodial parent is designed to make more money available for child support through tax savings." Id. (finding the trial court erred when it did not consider the transfer of the exemption in calculating the parties' income). Section 61.30(11)(a)(8), Florida Statutes (2006), states "the court may adjust the minimum child support award, or either or both parents' share of the minimum child support award, based upon the following conditions: the impact of the Internal Revenue Service dependency exemption, and waiver of that exemption....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 119845
...Neither the record nor the order indicates, however, how the trial judge determined net income figures; the judge's basis of imputing income to the appellant or how many hours of work a week were imputed to the appellant; whether the trial court utilized the guidelines enumerated in section 61.30(1)(a), Florida Statutes (1989), in determining the amount of child support; or what factors were used by the judge for departure if the support guidelines were not used....
...e under these circumstances is appropriate. We find no error in the trial court's decision to impute income. Any attempt to impute income or to depart from the guidelines, however, must be supported by appropriate findings. See Neal v. Meek, supra ; § 61.30, Fla....
...As of May 14, 1992, no transcript had been filed with the court. [3] We note further that the language relied on by appellant has been amended to read, "The court shall order either or both parents owing a duty of support to the child to pay support pursuant to s. 61.30." Ch....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 716874
...We disagree and affirm the final judgment in this regard. *1143 Second, the Husband argues the trial court erred when it awarded the Wife full guideline child support simply because she was designated the primary residential parent. The Husband contends that pursuant to section 61.30, Florida Statutes (1999), and the decision in Jones v....
...5th DCA 2000), the trial court should have taken into consideration the fact that the child is spending a substantial amount of time at each parent's residence when calculating the child support award. We agree. Where a child is spending a "substantial amount of time" with both parents, section
61.30(1) requires a deviation from the guidelines support amount. Jones v. Johnson,
747 So.2d 1066, 1067 (Fla. 5th DCA 2000). Section
61.30(1)(a), Florida Statutes (1999), provides in pertinent part: [T]he trier of fact shall order payment of child support which varies from the guideline amount as provided in paragraph (11)(b) whenever any of the children are required by court order or mediation agreement to spend a substantial amount of time with the primary and secondary residential parents. This requirement applies to any living arrangement, whether temporary or permanent. (Emphasis added). Section
61.30(11)(b), Florida Statutes (1999), provides: Whenever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support, based upon: 1....
...from which a child indirectly benefits, including, but not limited to, expenses relating to a mortgage, rent, utilities, automobile, and automobile insurance. 4. The comparative income of each parent, considering all relevant factors, as provided in s. 61.30(2)(a)....
...t, in essence, constituted rotating custody (Jones had the child Monday from 8 a.m. to Tuesday at 5:30 p.m. and Thursday from 8 a.m. to Saturday at 9 a.m.), and required Jones to pay Johnson child support. Id. at 1067. The Fifth District stated that section 61.30(1) recognizes that in rotating custody situations, both parents have the direct and indirect expenses associated with feeding, clothing, transporting, and housing the child....
...ternate holidays. The Wife's attempt to distinguish Jones by emphasizing that she is the primary residential parent is not persuasive. In Jones, Johnson was the primary residential parent. Nevertheless, the Fifth District determined that pursuant to section 61.30, it would have been more appropriate to award Jones child support....
...) = 30 days, therefore × = 13 days). Reducing the number of days to a percentage, the Wife has the child 56% of the time and the Husband has the child 44% of the time. [1] Although, the trial court properly considered the other factors set forth in section 61.30(11)(b), when determining the total child support award, it failed to adjust the basic child support award based on the amount of time the child will spend with each parent. The trial court abused its discretion when it failed to make this necessary adjustment, as provided in section 61.30, Florida Statutes (1999), and as explained in Jones. We direct the court on remand to apply the amended version of section 61.30, Florida Statutes (2001), which takes effect on July 1, 2001....
...Although the petition for dissolution was filed before the amendment took effect, we consider the amendment to be remedial legislation that may be retroactively applied, because it does not create new rights or liabilities, but instead furthers the remedy or confirms the rights already established by section 61.30 in 1987 when the guidelines were initially enacted....
...de a provision terminating the Wife's exclusive use and possession of the marital home upon remarriage. Affirmed in part, reversed in part. STEVENSON and SHAHOOD, JJ., concur. NOTES [1] The legislature does not define "substantial amount of time" in section 61.30, Florida Statutes (1999)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1999 Fla. App. LEXIS 9184, 1999 WL 462098
...does not currently have primary residence of or parental responsibility for her child, or that either L.F. or the Department is using his payments for other than valid child support purposes. The Pasco County order merely increases the amount of child support to meet the current child support guidelines. See § 61.30, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1995 WL 421035
...We find also that it was an abuse of discretion for the trial court to deviate from the child support guidelines because the reasons given for the deviation were legally insufficient. The first reason given by the trial court for deviating from the guidelines was that the husband had a baby to support with his new wife. Section 61.30(12), Florida Statutes (1993), states, The existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines......
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1563373
...In addition, when the award of such expenses amounts to a deviation from the guidelines in excess of five percent, the court is permitted to make the award based on "extraordinary... educational ... expenses" supported by a specific finding explaining the deviation. § 61.30(11)(a), Fla Stat....
...The father did not present any evidence that contradicted the psychologist's testimony. Based on this evidence, we hold that the trial court abused its discretion in denying the request for private school expenses. The trial court should determine this issue based on the parties' ability to pay for private school. See § 61.30(11)(a)1, Fla....
...The order provides that the father's basic child-support obligation is $822.69 per month, and that his share of the day care expenses is $118.20 per month for a total of $940.39 (sic) per month. It also states that the latter amount includes uncovered medical expenses. Section 61.30(8), Florida Statutes (2000), provides that the court shall add such expenses to the basic obligation unless these expenses have been ordered to be separately paid on a percentage basis....
...A review of the child support guidelines worksheet does not confirm the father's contention that uncovered medical expenses are included in the basic child-support amount. On remand, the court shall clarify whether the expenses are included in the basic child-support amount or it shall comply with section 61.30(8), and provide for such award in the same percentage as the parties' income....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 6063
...uld order the custodial parent to sign the release. See Fenner v. Fenner,
599 So.2d 1343, 1345 (Fla. 4th DCA 1992); Ford v. Ford,
592 So.2d 698, 699 (Fla. 3d DCA 1991). In 1993, the Florida Legislature attempted to resolve this conflict by adding subsection
61.30(i) to the child support guidelines, effective July 1, 1993....
...on." Id. The language specifically provides, "The court may order the primary residential parent to execute a waiver of the Internal Revenue Service dependency exemption if the noncustodial parent is current in support payments." Id. Accordingly, subsection 61.30(i) authorizes Florida trial courts to exercise this discretion, when appropriate, under the circumstances of a particular case. Since the effective date of this subsection, Florida decisions have allowed trial courts to order custodial parents to execute the release, although many of the opinions do not refer specifically to section 61.30....
...In 1995, this court decided Gray,
658 So.2d 607, in which we held that "the trial court erred in awarding the noncustodial former husband the federal income tax dependency exemption," because he did not meet the requirements of Internal Revenue Code § 152(e)(2)(b). Id. at 610-11. We made no reference to the newly adopted subsection
61.30(i), and relied on our prior decision in Pearce,
633 So.2d at 36. We note that Pearce reviewed a trial court order entered prior to July 1, 1993, the effective date of subsection
61.30(i). However, the trial court in Gray entered its order after the effective date of the subsection. Consequently, our reliance on *154 Pearce was error. [1] We recede from Gray to the extent that it conflicts with subsection
61.30(i). Subsection
61.30(i) gives the trial court discretion to order the custodial parent to execute a release of the claim for the income tax deduction....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1991 WL 5005
...cting the VA benefits allotted by the federal government for veterans' dependent children. We find that the court erred in excluding the remainder of Fletcher's VA disability benefits from his income in calculating his child support obligation under section 61.30, Florida Statutes (1989), and reverse....
...The order herein appealed was based on the trial court's ruling that section
61.046(4), Florida Statutes (1987), "specifically excludes Veterans Administration disability benefits from the definition of income for purposes of determining child support" under section
61.30. The court concluded that "[s]ince [Fletcher] has no source of income or assets other than Veterans Administration disability benefits, [he] has a zero net income" for purposes of calculating his section
61.30 child support obligation. Section
61.046(4), enacted in 1986, excludes Veterans Administration disability benefits from the definition of "income" as the term is generally used in chapter 61. Section
61.30(2)(a)4, enacted in 1987, includes "disability benefits" among the items to be included in gross income for the specific purpose of calculating the income of a child support obligor; VA disability benefits are not excepted....
...within the terms of the particular provision. 49 Fla.Jur.2d Statutes, § 182. Therefore, the exclusion of VA disability benefits by the general definition of "income" in section
61.046(4) has been overridden by the later-enacted, and more specific, section
61.30(2)(a)4. This holding is supported by the first sentence of section
61.30, which reads: "The child support guideline amount as determined by this section presumptively establishes *943 the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for mo...
...ZEHMER, J., dissents with opinion. ZEHMER, Judge (dissenting). I respectfully dissent. On this appeal, Ms. Thomas and her son Kenneth contend that the trial court erred in excluding Mr. Fletcher's Veteran's disability benefits from his total "income" under the provisions of section
61.30. Rather than using section
61.046(4)'s general definition of income for determining Mr. Fletcher's income, they argue that the trial court should have ignored that definition and used only the definitions and formula outlined in section
61.30, reasoning as follows. First, they rely on the language in section
61.30(1) referring to "the guidelines set forth in this section," specifically arguing that "[t]he child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support" and that reference to "this section" manifests a legislative intent that the trial court use only the formula outlined in section
61.30 to calculate the child support amount. Second, they point out that section
61.30(2)(a) specifically includes "disability benefits" in the calculation of gross income, does not distinguish between VA disability benefits and other types of disability benefits, and does not list VA disability benefits as an allowable deduction from gross income....
...affect only cases not within the terms of the particular, the opinion holds that the assumed "exclusion of VA disability benefits by the general definition of `income' in section
61.046(4) has been overridden by the later-enacted, and more specific, section
61.30(2)(a)4." Second, the opinion relies on the principle of statutory construction that "where legislative language is susceptible to more than one interpretation, the interpretation which avoids an unreasonable result should be preferred"...
...on to do so." Woodgate Dev. Corp. v. Hamilton Investment Trust,
351 So.2d 14, 16 (Fla. 1977). Thus, our first task is to harmonize the two statutory provisions if that is reasonably possible. Reading the statutory provisions in section
61.046(4) and section
61.30(2) here involved [2] in pari materia, the only interpretation of section
61.30 that can be harmonized with section
61.046(4) and the remaining sections of Chapter 61 is to apply the statutory definition of "income" in section
61.046(4) throughout the chapter, including section
61.30, because the latter section does not provide otherwise. While the child support guidelines in section
61.30 indicate that "disability benefits" in general are included in the definition of "gross income," there is no explicit language in that section expressly negating the application of the definitional provisions in section
61.046(4) to that general term as used in section
61.30. The exclusion of VA disability benefits from the definition of disability benefits to be included in gross income is entirely different from calculating net income by deducting authorized allowable deductions from gross income as set forth in section
61.30(3). In the absence of explicit language in section
61.30 repudiating application of the statutory definition previously enacted in section
61.046(4), the court is not permitted to ignore the statutory definition so as to construe section
61.30 directly contrary to the language expressly making that definition applicable throughout chapter 61. *945 Further, I find no obvious or irreconcilable conflict between the provisions of section
61.046(4) and section
61.30 simply because section
61.046 specifically excludes VA disability benefits from includable disability benefits while section
61.30 is silent on the subject. An apparent conflict may arise only if one assumes that the omission of any reference to VA disability benefits in section
61.30 necessarily manifests legislative intent that the more definitive definitions of includable disability benefits in section
61.046(4) are to be given no consideration in construing and applying section
61.30....
...ng and applying the term "disability benefits" consistently in both sections. The fact that section
61.046(4) specifically excludes VA disability benefits from the definition of "disability benefits" is simply not inconsistent with the provisions of section
61.30 setting forth allowable deductions from gross income....
...f income for any purpose under chapter 61. A contrary construction of any provision in that chapter can be reached only by inferring from the legislature's silence that it intended to include VA disability benefits in the calculation of income under section 61.30....
...ples of appellate review for us to disturb the ruling of the circuit court. I must also note that this is not the only instance of an unjust result produced by the construction and application of the clear language of the child support provisions in section 61.30....
...n receives the benefits. [2] Section
61.046(4), Florida Statutes (1989), sets forth the general definition of "income" for use throughout chapter 61 and, although it includes general disability benefits, it expressly excludes VA disability benefits. Section
61.30(2) provides that "[i]ncome shall be determined for the obligor and the obligee as follows: (a) Gross income shall include, but is not limited to, the following items ... 4. Disability benefits." Section
61.30(3) lists allowable deductions from gross income, but does not mention VA disability benefits. Section
61.30(4) provides that "[n]et income for the obligor and net income for the obligee shall be computed by subtracting the allowable deductions from gross income."
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
...bove visitation or time sharing schedule been agreed to by the parties? ( ) yes ( ) no SECTION IV. CHILD SUPPORT [√ all that apply] ____ 1. Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...Monthly court-ordered child support actually paid for children from another relationship 24. _________ 25. Monthly court-ordered alimony actually paid 25a. from this case: $_________ 25b. from other case(s): __________ Add 25a and 25b 25. _________ 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25) TOTAL: 26....
...Monthly court-ordered child support actually paid for children from another relationship 24. _________ 25. Monthly court-ordered alimony actually paid 25a. from this case: $_________ 25. _________ 25b. from other case(s): __________ Add 25a and 25b 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25) TOTAL: 26....
...*77 Where can I look for more information? Before proceeding, you should read "General Information for Pro Se Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.30, Florida Statutes....
...$________ Multiply the number on line 3 by the percent on line 4b to get Mother's share of basic obligation. Enter answer on line 5b. 5b. $________ 6. TOTAL MONTHLY CHILD CARE COSTS Child care costs should not exceed the level required to provide quality care from a licensed source for the child(ren). See section 61.30(7), Fla.Stat....
...o the child(ren) without the agreement of the other party during the other party's time of parental responsibility of visitation. SECTION IV. CHILD SUPPORT *90 1. ( ) Mother ( ) Father will pay child support under Florida's child support guidelines, section 61.30, Florida Statutes, to the primary residential or sole parent named above....
...above visitation or time sharing schedule been agreed to by the parties? ( ) yes ( ) no SECTION IV. CHILD SUPPORT [√ all that apply] ___ 1. Respondent requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...Petitioner has custody of the minor child(ren) or the child(ren) has (have) primary residence with Petitioner. [√ all that apply] ____ 1. Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...am ___ Other: ___________________________ INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. *233 Where can I look for more information? Before proceeding, you should read "General Information for Pro Se Litigants" found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
...___________ (6) _________________________________ (6) ________________________________ SECTION III. CHILD SUPPORT [√ all that apply] ___ 1. Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...______ (6) _________________________________ (6) ________________________________ SECTION III. CHILD SUPPORT [√ all that apply] *371 ___ 1. Respondent requests that the court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2003 WL 365970
...Alan Montes Deoca appeals an order modifying his child support payments. The former husband contends that the trial court based the monthly amount of support upon his gross income and not his income adjusted by the mandatory deductions required by section 61.30(3), Florida Statute (2001)....
...es to show a change of circumstances that could lead to an increase or decrease of child support in the future. See e.g., Pedroza v. Pedroza,
779 So.2d 616, 618-619 (Fla. 5th DCA 2001) ("The trial court is required to determine net income based upon section
61.30, Florida Statues, by determining `gross income' as defined in subsection (2)(a) 1-14 and then subtracting from this figure `allowable deductions' as defined in subsection (3)(a)-(g)."); McDaniel v....
...If that evidence fails to support an adjustment for appropriate deductions, the entitlement to the missing deduction will be forfeited. We vacate the order and final judgment modifying child support and remand for the purpose of making findings as to the amounts used to calculate child support as required by section 61.30....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1991 WL 268072
...[8] It should be noted that the foregoing examples are offered for purposes of illustration and are not predicated on the child support guidelines. The parties have not addressed the question whether the pass-through of tax savings is automatically adjusted for in cases under the child support guidelines, § 61.30, Fla. Stat. (1989), as amended, ch. 91-246, § 5, Laws of Fla., or whether such a pass-through must be the subject of an additional adjustment under paragraph 61.30(10)(i), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1990 WL 205395
...He also concluded that there was no good reason for the former wife not to work, and consequently imputed an income of $600 a month *1370 to her. [1] The court then determined the parties' total combined net monthly income, including the imputed income amounts, to be $2,100. Pursuant to Section 61.30(6), Florida Statutes (1989), the parties' combined monthly income required child support payments of $709....
...velop the arguments he makes now on appeal. Among other things, appellant argues that appellee has received a steady source of income from her parents during the past eight years which should have been taken into account as part of her income. Under Section 61.30(2)(a)13, Florida Statutes (1989), income includes "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses." In an interrogatory propounded to the former wife, appellant made the following request: "List...
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 945848
...port shall contain a provision for health insurance for the minor child when the insurance is reasonably available ... [T]he court shall apportion the cost of coverage to both parties by adding the cost to the basic obligation determined pursuant to s. 61.30(6). Additionally, section 61.30(8), Florida Statutes, provides: Health insurance costs resulting from coverage ordered pursuant to s.61.13(1)(b) shall be added to the basic obligation....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2285318
...there had been a substantial change in the former husband's financial circumstances justifying modification. See §
61.13(1)(a), Fla. Stat. (2004) (providing that a court may modify child support when there is a substantial change in circumstances). Section
61.30(1)(a) provides that the child support guidelines in section
61.30 establish the amount of child support the trial court shall order in both initial and modification proceedings....
...Generally, *863 [t]he court may order payment of child support in an amount that varies more than five percent from the guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate. See § 61.30(1)(a), Fla....
...pursuant to the child support guidelines"). A trial court's denial of a petition to modify child support is reviewed for abuse of discretion. Fredman v. Fredman,
917 So.2d 1038 (Fla. 2d DCA 2006). Here, the trial court did not apply the criteria in section
61.30 to calculate each party's share of the child support need....
...However, it is clear from the former husband's accountant's testimony at the modification hearing that the former wife's child support obligation under the guidelines without any deviation would be at least $551 per month. But the trial court deviated from the guidelines on the basis of the child's private trust fund. Section 61.30(11)(a) allows a court to adjust a child support award or either or both of the parents' share of the award based upon several factors, including "[e]xtraordinary medical, psychological, educational, or dental expenses"; the "[i]ndepende...
...n retroactive to the date the former husband filed the petition to modify. We reverse the final judgment as it relates to the former wife's child support obligation, and we remand for the trial court to properly consider the statutory criteria under section 61.30 and to make findings to support its rulings....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1994 WL 149843
...We reverse the trial court's award of child support requiring the former husband to pay $1,336.51 per month out of his $1,720.00 net imputed income as child support. We initially find the trial court erred when it imputed a net income to the former husband without first imputing a gross income. See § 61.30(2)(a), Fla....
...Although the trial court correctly utilized the imputed net income to calculate the minimum child support need under the guidelines, the trial court should have derived the imputed net income only after taking the allowable deductions from an imputed gross income figure as provided in section 61.30(3), Florida Statutes (1991)....
...We also find error in the trial court's award of child support without consideration of the former husband's ability to pay. In calculating the award of child support to the former wife as the custodial parent, the trial court applied the guidelines provided in section 61.30 and concluded that the husband shall bear sixty-one percent of the combined $1,159.00 monthly recommended minimum child support and $1,032.00 monthly day care costs for the parties' three children. See § 61.30(8), Fla....
...In this instance, the trial court abused its discretion by requiring the husband to contribute an excessive portion of his income to satisfy the child support obligation, leaving him only $380 per month on which to live. We note the legislature has recently enacted section 61.30(11)(j), Florida Statutes (1993), which affords the trial court the added discretion to adjust a parent's share of the statutorily recommended minimum child support award where the guidelines require a parent to pay more than fifty-five percent of his gross income as his child support obligation. We direct the trial court on remand to apply section 61.30(11)(j) and any other relevant amendments to the child support guidelines provided in section 61.30, Florida Statutes (1993), which took effect on July 1, 1993....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1994 WL 122840
...increase in child support. Appellant contends that the trial court erred in finding no evidence of the children's increased need or of a substantial change in circumstances, and in refusing to apply the remedial child support guideline *137 statute, section 61.30, Florida Statutes (1993), to the pending proceedings....
...However, finding that the trial court erred as a matter of law in refusing to permit Appellant to use the 1993 guidelines to prove a substantial change in circumstances, we must reverse that portion of the order denying an increase in child support and remand for further proceedings consistent herewith. § 61.30, Fla....
...hearing. We conclude that, prior to the final consideration as to her counter-petition, the former Wife pled sufficient facts to invoke the child support guideline statute and adequately apprised Appellee and the trial court of her intent to rely on section 61.30 as a basis for modification....
...Canakaris,
382 So.2d 1197, 1202 (Fla. 1980). The statute originally provided that "the guidelines shall not be used to provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted." §
61.30(1), Fla....
...That is not the end of the analysis, however. As amended, effective July 1, 1992, the statute read: "The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted." §
61.30(1)(b), Fla. Stat. (Supp. 1992). A parallel provision in section
61.14(1), Florida Statutes (Supp. 1992) (enforcement and modification of support), states that "the child support guidelines in s.
61.30 may constitute changed circumstances." A subsequent amendment, effective July 1, 1993, added the following qualifying language relating to proof of a substantial change: "However, the difference between the existing order and the amount prov...
...construed as having prospective effect only. Young v. Altenhaus,
472 So.2d 1152, 1154 (Fla. 1985) (characterizing "substantive laws" as "statutes that interfere with vested rights"). However, in that neither the pertinent 1992 nor 1993 amendments to section
61.30 created or removed vested rights as to modification or dissolution judgments, but merely conferred or changed the remedy, ( i.e., "the means employed in enforcing a right or in redressing an injury"), see St....
...five percent. Alternatively, upon making a written finding or a specific finding on the record that explains why ordering the guideline amount would be unjust or inappropriate, the trial court may order an amount outside the five percent limitation. § 61.30(1)(a), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 13175, 2009 WL 2871593
...After the hearing, the trial court entered an Amended Final Judgment of Dissolution of Marriage in which it created a specific 60/40 timesharing schedule and adjusted the former husband's child support obligation down to $349 per month pursuant to section 61.30(11)(b), Florida Statutes (2007)....
...putation was warranted. We agree. "The standard of review governing a trial court's imputation of income is whether the determination is supported by competent, substantial evidence." Brown v. Cannady-Brown,
954 So.2d 1206, 1207 (Fla. 4th DCA 2007). Section
61.30(2)(b), Florida Statutes (2006), governs the imputation of income for child support purposes: Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be volu...
...On remand, the trial court must re-consider timesharing, child support and arrearages, alimony, and attorney's fees in light of this court's decision. Affirmed in part; Reversed in part and Remanded for further proceedings. GROSS, C.J., and GERBER, J., concur. NOTES [1] Section 61.30(11)(b), Florida Statutes (2007), mandates a reduction in child support whenever the noncustodial parent spends a "substantial amount of time" with the children, meaning more than forty percent of the overnights of the year....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1996 WL 531563
...The trial court included this imputed income into the computation of Mr. Jones' net income. In doing so, the trial court committed two errors. First, the trial court failed to assign specific dollar values to the various in-kind contributions. See Garcia v. Garcia,
560 So.2d 403 (Fla. 3d DCA 1990). Second, section
61.30(2)(a)13, Florida Statutes (1993), requires inclusion of these in-kind contributions in the calculation of gross income, not net income....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2008 WL 4265312
...1st DCA 1989). "If reasonable men could differ as to the propriety of the action taken by the trial court, then the action is not unreasonable and there can be no finding of an abuse of discretion." Canakaris v. Canakaris,
382 So.2d 1197, 1203 (Fla. 1980). Section
61.30(2)(b), Florida Statutes (2007), provides that when the trial court finds that a parent is voluntarily unemployed or underemployed, it shall impute income to that parent based upon the employment potential and probable earnings level of the parent, taking into consideration his or her recent work history, occupational qualifications and prevailing earnings level in the community. §
61.30(2)(b), Fla....
...Once the trial court has determined that a parent is voluntarily underemployed, the trial court may only impute a level of income supported by the evidence of employment potential and probable earnings based on history, qualifications, and prevailing wages. § 61.30(2)(b), Fla....
...hildren of this action shall be deducted from that noncustodial parent's child support obligation for that child or those children. Child care costs shall not exceed the level required to provide quality care from a licensed source for the children. § 61.30(7), Fla. Stat. (2007). Thus, "section 61.30(7) requires the trial court, in apportioning child care costs, to reduce the total of those costs by twenty-five percent and then add the remainder to the basic obligation, which is then apportioned pursuant to statute." Bator v....
...e wife could resume employment as soon as possible, but failed to include that obligation in its child support calculations. It does not appear that the magistrate decreased the amount of the support obligation by twenty-five percent, as required in section 61.30(7). Instead, it provided only that the husband must provide child care, without specifying any amount that he must pay. Since the child care costs are directly connected to the wife's job search, section 61.30(7) applies....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 15191, 2009 WL 3232651
...statutory criteria and other pertinent factors without the benefit of a presumption for or against alimony." Id. at 608. We also note for purposes of remand that alimony is considered first and then factored into the child support determination. See § 61.30(2)(a)(9), (3)(g); Storey v....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1998 WL 689752
...With respect to the calculation of the wife's income, the amount of money that the wife may be expected to earn from the assets she will acquire by way of equitable distribution should normally be included. Cf. Feidelman v. Feidelman,
699 So.2d 744, 744-45 (Fla. 4th DCA 1997). Section
61.30(2), Florida Statutes (1995), requires that income shall be determined and shall include, but is not limited to, the following items: 3....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2013 WL 5450946, 2013 Fla. App. LEXIS 15519
...overall plan). Imputation of Income to Former Wife We reverse on this issue. When imputing income at an amount other than the median income, a trial court is required to make specific findings, which are supported by competent substantial evidence. § 61.30(2)(b)l., Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2008 WL 4601216
...dingly. Child Support Child support decisions are typically discretionary. See Glasgow v. Wolfe,
873 So.2d 483, 484 (Fla. 1st DCA 2004). However, a trial court's discretion concerning child support is subject to the statutory guidelines set forth in section
61.30, Florida Statutes....
...Whether a trial court has complied with the guidelines is a question of law to be reviewed de novo. See id. In determining child support, a trial court is required to do the following. First, a trial court must determine each parent's gross monthly income. See § 61.30(2), Fla. Stat. (2006). Gross income includes alimony ordered in the marriage before the trial court. See § 61.30(2)(a)9., Fla. Stat. (2006). Second, a trial court must determine each parent's net income by subtracting the statutorily specified allowable deductions from the parents' gross monthly incomes. See § 61.30(3)(a)-(g), Fla. Stat. (2006); § 61.30(4), Fla. Stat. (2006). One such deduction is alimony ordered in the marriage before the trial court. See § 61.30(3)(g), Fla. Stat. (2006). Third, a trial court must determine the parents' combined monthly net income. See § 61.30(5), Fla. Stat. (2006). Fourth, a trial court must determine the child support need by utilizing the statutorily provided schedules. See § 61.30(6), Fla. Stat. (2006). Fifth, a trial court must determine each parent's percentage share of the child support need by dividing each parent's monthly net incomes by the combined monthly net income. See § 61.30(9), Fla. Stat. (2006). Finally, a trial court must determine each parent's dollar share of the child support need by multiplying the minimum child support need by each parent's percentage share. See § 61.30(10), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2005 WL 2508603
...her. The father was designated the secondary residential parent and the parties were ordered to abide by the model time-sharing plan for parties within forty-five miles. The final judgment failed to establish a child support award in accordance with section 61.30(9), Florida Statutes (2004)....
...A substantial change in financial circumstances was not a prerequisite to granting such relief. In determining child support, a trial court must either follow the statutory guidelines or give reasons explaining any deviation. See Crouch v. Crouch,
898 So.2d 177 (Fla. 5th DCA 2005); §
61.30, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2003 WL 22735692
...*571 On January 13, 2003, the trial court entered an order granting a reduction in child support but rejecting Appellant's argument that he was entitled to a further reduction based on the fact that he met the statutory definition of having the child a "substantial amount of time." § 61.30(11)(b), Fla....
...se issues to the court." Apparently, the lower court believed that Appellant's agreement to pay more support than required by law precluded him from seeking a modification. Appellant timely appeals this order. The issues in this case are governed by section 61.30, Florida Statutes (2001), which provides in relevant part as follows: 61.30....
...ever any of the children are required by court order or mediation agreement to spend a substantial amount of time with the primary and secondary residential parents. This requirement applies to any living arrangement, whether temporary or permanent. § 61.30(1)(a), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 333425
...hout providing justification by way of explanation for the departure. Lacaria v. Lacaria,
673 So.2d 542 (Fla. 4th DCA 1996). Upon examination of the record, it is clear that the support award reflects the provision of health insurance as required by section
61.30(3)(e), Florida Statutes (1995); therefore, we find no deviation from the guideline support amount. See Daley v. Daley,
714 So.2d 614 (Fla. 4th DCA 1998). As justification for the child support payment for one-half the child's private school tuition, the trial court also satisfied the requirements of section
61.30(1)(a), Florida Statutes, by explaining that the child's special educational needs required continuation past his eighteenth birthday....
...The Thomas court held that the husband's payment of the home place expenses was not child support, but rather "reimbursed expenses or in-kind payments to the extent that they reduce living expenses" to be added to gross income for purposes of computing child support. § 61.30(2)(a)13, Fla. Stat. (1995). We disagree with the holding in Thomas and interpret section 61.30(2)(a)13 to include such payments reimbursed by another, not payments made by a spouse as part of his or her obligation to maintain jointly-held property....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2013 WL 1955890, 2013 Fla. App. LEXIS 7789
...Kingsbury’s ability to pay alimony based on his net income. If the trial court determines that, based on Mr. Kingsbury’s net income, he is unable to pay $4,000 per month in alimony, the trial court must also recalculate child support consistent with section 61.30(l)(a)....
...AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. LEWIS, CLARK, and RAY, JJ„ concur. . On remand, if the trial court amends the award of alimony, it must also recalculate child support consistent with section 61.30(1)(a), Florida Statutes....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1993 WL 90535
...Finally, the former husband cross appeals from the amount awarded for child support. The trial court departed from the child support guidelines without providing "a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate." § 61.30, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2000 WL 263130
...After a final hearing, the trial court entered an order granting Ms. Watkins' petition. The final order increased Mr. Musser's child support obligation to comply with the current child support guidelines and required that he contribute fifty percent to the children's future uncovered medical expenses. See § 61.30, Fla....
...The trial court failed to make sufficient written findings to support the private school expense obligation. The private school obligation increases the former husband's total child support obligation to an amount more than five percent above the guideline amount. Pursuant to section 61.30(1)(a), Florida Statutes (Supp.1998), the trial court may impose an obligation of this amount only upon making a written finding that the guideline amount is unjust or inappropriate....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1998 WL 288406
...of income. In Cushman v. Cushman,
585 So.2d 485, 486 (Fla. 2d DCA 1991), this court stated that prior to imputing income, "[t]he court must consider not only recent work history but also occupational qualifications and prevailing earnings." See also §
61.30(2)(b), Fla....
...history, occupational qualifications, and the prevailing earnings level in the community. Further, the trial court may consider the apartment and utilities the Husband receives as compensation from his new employer when determining gross income. See § 61.30(2)(a)13, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2003 WL 21537467
...Springer, P.A., Lake Worth, for appellee. MAY, J. A father appeals the denial of his motion to vacate a trial court order, which modified a final judgment with regard to child support. He raises two issues. One is evidentiary in nature and the other concerns the court's compliance with section 61.30(11)(b), Florida Statutes (2001). We agree that the court failed to comply with the mandatory language of section 61.30(11)(b) and reverse....
...As a result of the agreement, the father received additional holidays with the children. On March 23, 2000, the mother filed a petition for modification requesting to relocate to Connecticut. The trial court denied the petition on August 30, 2000. Following an amendment to section 61.30, the father petitioned to modify his child support obligation. See § 61.30(11)(b), Fla....
...The court found that the father had 129 overnight visits in 1999, 117 overnight visits in 2000, and 132 overnight visits in 2001. The court found that the number of exercised visits by the father over the last three years were less than the statutory 40% or 146 visits needed to constitute a "substantial amount of time." See § 61.30(11)(b)10....
...However, the court found that "if the [father] were to exercise all possible time set forth by Court Order, it would indeed meet the requirement for substantial time requiring the court to adjust the [father's] child support obligation accordingly." The court *1252 then concluded that the adjustment under section 61.30(11)(b) was not "mandatory" because the father's visitation with the children was not "required." The trial court ordered the parties to complete the child support guidelines without applying the formula for substantial time-sharing, and...
...e the father's support was calculated, his obligation "shall be reduced by 5% for consideration of the significant amount of time he spends with the children." The father argues that the trial court erred in failing to apply the formula set forth in section 61.30(11)(b), because the agreed visitation arrangement gave him sufficient overnight visits to satisfy the statute's application....
...schedule prior to the petition to modify, but rather the amount of time provided for by the agreement. The mother argues that the father had never used all of the time allotted to him and was not therefore entitled to the reduction in child support. Section
61.30(11)(b) states that "[w]henever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support ...." §
61.30(11)(b). This provision is mandatory. See Guttler v. Guttler,
798 So.2d 888 (Fla. 4th DCA 2001). Section
61.30(11)(b)10....
...defines a "substantial amount of time" as occurring when "the noncustodial parent exercises visitation at least 40 percent of the overnights of the year." Based on the plain language of the statute, the trial court was required to adjust the child support obligation under section 61.30(11)(b). In the event the father subsequently failed to exercise the 40% visitation requirement, the mother is provided a remedy under section 61.30(11)(c), Florida Statutes (2001)....
...To apply the remedy before the adjustment is made is placing the cart before the horse. See McDaniel v. McDaniel,
835 So.2d 1265 (Fla. 1st DCA 2003) (trial court erred by increasing the mother's child support for father's noncompliance where the child support amount had never been adjusted pursuant to section
61.30(11)(a) or (b))....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1999 WL 518821
...wife it should use the imputed amount in the computation of the husband's child support obligation. If the amount deviates by more than 5% from the guideline amount, the court should state written reasons for such deviation as required by paragraph 61.30(1)(a), Florida Statutes (1997)....
...in her income for the purpose of determining alimony. The child support computation provisions state that in computing net income, alimony received is counted as income to the payee spouse and alimony paid is deducted from the payor spouse's income. § 61.30(2), (3), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2003 WL 21554275
...Zubkin,
823 So.2d 870 (Fla. 5th DCA 2002), this court described what was necessary to properly impute income: A trial court may only impute income to a party who is voluntarily unemployed or under-employed. See Walker v. Walker,
719 So.2d 977, 980 (Fla. 5th DCA 1998); §
61.30(2)(b), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 53547
...The trial judge opined that the court could not award child support if the petition was filed after the child had attained majority at the age of eighteen. The Wife disagreed, arguing that child support could be awarded for up to twenty-four months prior to the filing of the petition for dissolution pursuant to section 61.30(17), Florida Statutes (2005), because the parties were separated....
...ly proceeded pro se. The Wife's requests for financial relief must therefore be cast as either requests for equitable distribution or child support. Further, child support is only available to the Wife if she can seek retroactive support pursuant to section 61.30(17) because the children are adults. *247 The Wife claimed retroactive child support pursuant to section 61.30(17)....
...(b) All actual payments made by the noncustodial parent to the custodial parent or the child or third parties for the benefit of the child throughout the proposed retroactive period. (c) The court should consider an installment payment plan for the payment of retroactive child support. This provision was added to section 61.30 in 1997 by chapter 97-170, section 11, Laws of Florida, in large part to eliminate the conflict and uncertainty that existed in the case law....
...Such a ruling would have prohibited any claim by the Wife for monthly child support or assistance with the health insurance premiums for the children. In support of this proposition, the trial court cited Bridges,
506 So.2d 1047; yet Bridges is not authoritative on this issue because it was decided prior to the enactment of section
61.30(17) and merely notes that the issue of child support was "moot" because the child, although a minor when the action commenced, had become an adult before the entry of the final judgment....
...The case contains no discussion of retroactive child support and is not dispositive of the issues in this case. The proposition that there is no right to retroactive support once a child becomes an adult stems from a line of cases decided prior to the application of section 61.30(17) that held a parent lost standing to seek child support once a child turned eighteen....
...Id. Moreover, if there was no order requiring support entered before the child turned eighteen, the now-adult child could not seek to establish support retroactively. Bardol v. Martin,
763 So.2d 1119, 1120 (Fla. 4th DCA 1999). Before the enactment of section
61.30(17), paternity and dissolution actions *248 generally treated retroactive support differently....
...We have found no case squarely addressing whether the statutory right to request retroactive child support changed the prior case law holding a parent had no standing to seek support when a petition is filed after a child has reached majority. We conclude that in light of section 61.30(17), if a child has turned eighteen but a parent resided with and supported the child before the child turned eighteen, the parent maintains his or her standing to recover the other parent's share of any support for the twenty-four mont...
...and their children caused by the process of legal dissolution of marriage. §
61.001. All of these purposes would seem to be promoted by allowing claims similar to the one presented by the Wife at least during the retroactive period provided for by section
61.30(17)....
...st live separately. When couples separate, it is not uncommon for the custodial parent to receive child support from the noncustodial parent in an amount that is less than the amount required to achieve the policies established by the legislature in section 61.30. We are hard-pressed to think of any reason that section 61.30(17) should be interpreted to bar a spouse from receiving child support if he or she files a day after the youngest child's eighteenth birthday as compared to a day before. [3] Accordingly, we hold that section 61.30(17) permits a claim for retroactive child support even if the petitioning spouse waits until the child is a legal adult to obtain this payment....
...pport of twenty-four months prior to the filing of the petition. II. A PARENT MAY ONLY RECEIVE SUPPORT FOR THE PORTION OF THE STATUTORY TWENTY-FOUR MONTHS PRECEDING THE FILING WHEN THE RELEVANT CHILD WAS STILL A MINOR. Prior to the 1998 amendment to section 61.30(17), a parent could be required to pay retroactive support for an extended period in a paternity action....
...of other factors that might have reduced the obligation and was faced with a rule allowing claims for support without "presentation of evidence of exact amounts paid." See Fowhand v. Piper,
611 So.2d 1308, 1312 (Fla. 1st DCA 1992). The amendment to section
61.30(17) essentially balanced the interests of the parties by establishing a statutory remedy of retroactive child support but placing a two-year maximum period for recovery....
...section
743.07(2) such that the Wife may have had some entitlement to ongoing child support at the date of filing. Even if the child was not in high school and expecting to graduate before age nineteen at the time the petition was filed, in light of section
61.30(17), the Wife may seek a maximum of twenty-three months of support for this child, which is the portion of the twenty-four months prior to the date of filing that the child was a minor....
...ime in which that obligation exists. Additionally, the Wife's entitlement to any contribution for the payment of past health insurance premiums arises through the calculation of the retroactive child support under the child support guidelines. Under section 61.30(3)(e), the Wife may deduct from her gross income the cost of her personal health insurance, excluding the cost for the minor child, before calculating the child support obligation. Notably, the Wife cannot deduct the cost she voluntarily pays for her other adult child because he is not a minor. The parties' net incomes are thereafter combined to determine the minimum child support need under the chart provided in section 61.30(6). Thereafter, the cost of the health insurance premium for the child can be added to the minimum child support need amount and the parties' percentage share of the total amount determined. See § 61.30(8), (9)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1991 WL 10434
...[2] She also contends that the judge incorrectly understated the husband's net income by permitting a monthly deduction of $200 for disability and practice overhead insurance, and that no competent, substantial evidence supports his valuation of the dental practice at $45,000. Section 61.30(1)(b)2, Florida Statutes (1989) provides: (b) The guidelines shall not: 2....
...arn up to $50,000 per year (the maximum [presumptive] guidelines bracket)."
564 So.2d at 141. (Emphasis supplied). The record indicates that the trial judge awarded child support using the guidelines without considering the factors outlined in *1020 section
61.30(1)(b)2, Florida Statutes (1989): the needs of the children, their ages and station in life, the parties' prior standard of living relative to financial status, and each spouse's ability to meet the children's needs....
..."Before the court may impose financial obligations upon a spouse, it must determine that he or she has the ability to pay the obligations imposed." Scapin v. Scapin,
547 So.2d 1012, 1013 (Fla. 1st DCA 1989). In fashioning an award of child support, the court should first reconsider both parties' income. Section
61.30(2)(b) requires the court to impute income to a voluntarily underemployed parent, absent circumstances beyond the parent's control, and to determine the probable earnings level "......
...ial parent if the court finds it necessary for the parent to stay home with the child." Although the record indicates that the judge questioned the wife's need to stay home and work only part-time, he made no specific finding as required by statute. Section 61.30(3), Florida Statutes (1989) limits allowable deductions from gross income to: (a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities....
...ssessing the valuation of the dental practice. REVERSED and REMANDED for further proceedings consistent with this opinion. BOOTH, WENTWORTH and MINER, JJ., concur. NOTES [1] The elder child would receive six payments before she reached majority. [2] Section 61.30(6), Florida Statutes (1989), sets the minimum child support that parents earning the maximum combined net monthly income of $4200, plus or minus 5%, must contribute....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1995 WL 15557
...Canakaris,
382 So.2d 1197, 1203 (Fla. 1980); Armstrong v. Armstrong,
623 So.2d 1216, 1217 (Fla. 4th DCA 1993). Moreover, the percentage share of child support must be determined by dividing each parent's net income by their combined net incomes and section
61.30(9), Florida Statutes (1991) must be used to determine each parent's actual dollar share. Silver v. Borrelli,
584 So.2d 1077, 1079 (Fla. 4th DCA 1991). Pursuant to section
61.30(6), Florida Statutes (1993), a combined monthly net income of $3,610.00 affords two children with a minimum support of $1,179.00. Each parent's percentage share of the child support need shall be determined by dividing each parent's net income by the combined net income. §
61.30(9), Fla....
...Thus, Former Husband's percentage of responsibility is $896.00 per month, or seventy-six percent of $1,179.00. The trial court's child support award exceeds this amount by $207.00 per month. Moreover, this amount exceeds the guideline amount by more than five percent. § 61.30(1)(a), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 31823
...The parties also equally divide the obligation to deliver the child back and forth between their residences. This is, in effect, a "rotating" custody (sometimes called "split" custody) arrangement. Clarke v. Clarke,
619 So.2d 1046 (Fla. 5th DCA 1993). Section
61.30(1) requires a deviation from the guidelines support amount in cases where a child is spending a "substantial amount of time" with both parents....
...It provides: [T]he trier of fact shall order payment of child support which varies from the guideline amount as provided in paragraph (11)(b) whenever any of the children are required by court order or mediation agreement to spend a substantial amount of time with the primary and secondary residential parents. Section 61.30(11)(b) provides: (b) Whenever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support, based upon: 1....
...from which a child indirectly benefits, including, but not limited to, expenses relating to a mortgage, rent, utilities, automobile, and automobile insurance. 4. The comparative income of each parent, considering all relevant factors, as provided in s. 61.30(2)(a)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 2367, 2014 WL 656748
...Second, the trial court erred in calculating the retroactive child support. In determining child support, “the court has discretion to award child support retroactive to the date when the parties did not reside together in the same household with the child ....”§ 61.30(17), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2000 WL 196648
...vested property interest, or as a means of ensuring equitable distribution of the property acquired during the marriage). Turning to Mr. Lee's third issue, we agree that the trial court's order lacks the requisite findings for imputation of income. Section 61.30(2)(b), Florida Statutes (Supp.1996), permits a trial judge to impute income to an unemployed parent when such unemployment is found to be voluntary, absent circumstances over which that parent has no control....
...apability to earn more by use of his or her best efforts; this determination assumes the party has chosen to earn less and has the ability to remedy the situation). It is error for a court to impute income without making the necessary findings under section
61.30(2)(b). See, e.g., Nunez v. Nunez,
646 So.2d 290 (Fla. 1st DCA 1994) (findings failed to meet requirements of section
61.30(2)(b) so as to justify imputation of income); Vitek v....
...In so saying, we note that it was undisputed Mr. Lee lost his job based on his June 1998 arrest, and that since his release from jail when the charges were dropped in August 1998, he had been unable to secure employment. Because the order contains insufficient findings under section 61.30(2)(b) to support the imputation of income, we reverse the final judgment and remand the case for evidentiary hearing regarding Mr....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2002 WL 1939920
...in formerly worked at least five days per week before the surgery privileges were revoked. A trial court may only impute income to a party who is voluntarily unemployed or under-employed. See Walker v. Walker,
719 So.2d 977, 980 (Fla. 5th DCA 1998); §
61.30(2)(b), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1989 WL 30825
...Accordingly, we remand with direction to the trial court for clarification that the life insurance is to be maintained as security for the support of the minor child in the event of the husband's death. With respect to the issue of the amount of child support ordered to be paid by the husband, we find no error. Section 61.30, Florida Statutes (1987), became effective after the date this case was filed and is not applicable to it....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 WL 491038
...At the modification trial, the child support guideline calculation accepted by the trial court placed the Former Husband's portion of the child support obligation at $1913 per month. This deviation is less than the 15% that would provide a presumptive substantial change in circumstances warranting modification. See § 61.30(1)(b), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 WL 387947
...s for calculating the wife's income. The husband's available monthly income was determined based on his pre-dissolution income tax filing status without tax affecting the alimony exclusion. Child Support For the purpose of calculating child support, section 61.30(3)(a), Florida Statutes (1997), permits deductions from gross income for federal taxes "adjusted for actual filing status and allowable dependents and income tax liabilities." "Actual filing status" contemplates post-dissolution filing status....
...Thus, child support for the two children must be recalculated based on each parent's net income, as adjusted for their post-dissolution income tax filing status and for the shift in income based upon the alimony payment. The husband is entitled to exclude the amount of alimony from his gross income. See § 61.30(3)(g), Fla. Stat. Conversely, the wife must include the alimony in her income and then make the proper income tax deductions. See § 61.30(2)(a)9, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2003 WL 22056280
...ansportation costs. The parties have four young children. It is a basic assumption of the child-support guidelines that the expenses of childrearing should be fairly and equitably shared by the parents according to their financial circumstances. See § 61.30, Fla....
...ould be allocated between the parties "in the same guidelines ratio as governed allocation of the other child care expenses, unless the trial court makes findings explaining why a different allocation `is needed to achieve an equitable result.'" See § 61.30(11)(a)11., Fla....
...If, on remand, the trial court elects not to order the parties to share financial responsibility for the children's visitation travel expenses, it must set out specific written findings justifying its decision as it relates to the parties' respective financial circumstances. See § 61.30(11), Fla....
...ld-support award, even though the evidence established Mr. Christ's ability to pay the amount and Mrs. Christ's financial need. Whether to award child support retroactively to the filing date of the petition for dissolution is clearly discretionary. § 61.30(17), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...If an equal per child award is made, the burden is placed upon the obligee spouse to petition for an increase in the award remaining when one of the children reaches majority. If a lump sum amount is awarded, the obligor spouse must generally file a petition for reduction when one of the children attains majority. Section 61.30, Florida Statutes (1991) indicates that departures from the guideline schedule are warranted in certain circumstances but that written or record findings must accompany any such departure. § 61.30(10)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1998 WL 646681
...Appellee asked this court to adopt the Fifth District Court's holding that retroactive child support in paternity cases is based on a theory of reimbursement. See Williams v. Johnson,
584 So.2d 90 (Fla. 5th DCA 1991). We find, instead, that this case is controlled by section
61.30(17), Florida Statutes (1997), which became effective on July 1, 1997, and which states as follows: In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support duri...
...In determining the retroactive award in such cases, the court shall consider the following: (a) The court shall apply the guidelines in effect at the time of the hearing subject to the obligor's demonstration of his or her actual income, as defined by § 61.30(2), during the retroactive period....
...(b) All actual payments made by the noncustodial parent to the custodial parent or the child or third parties for the benefit of the child throughout the proposed retroactive period. (c) The court should consider an installment payment plan for the payment of retroactive child support. § 61.30(17), Fla....
...tive credits). On remand, the trial court may take guidance from Finley v. Scott,
707 So.2d 1112 (Fla.1998), in which our supreme court described the manner in which a trial court properly exercises its discretion under the child support guidelines, section
61.30, Florida Statutes (1997), and held that the guidelines create a presumption of appropriate child support which is rebuttable....
...Finley makes it clear that a trial court has discretion to deviate from the guideline amount to assure that the father's child support obligation is reasonable, equitable, and just. [2] Finley,
707 So.2d at 1115-16 (holding that a trial court is not bound to mathematically apply the guidelines, because section
61.30(11)(k) allows for an equitable adjustment of the guideline amounts based on the facts and circumstances of a particular case)....
...troactive child support. On remand, the trial court shall recalculate the entire retroactive child support award. Appellant's remaining issue concerning future child support is without merit, because the written order conforms to the requirements of section 61.30, Florida Statutes (1997)....
...§
95.11(3)(b), Fla. Stat. (1997)(action to determine paternity may be brought up until four years after the child has reached majority). Arguably, under such circumstances, a father could be required to provide retroactive support covering 18 years. §
61.30(17), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467051
...In accordance with the statute, the trial court must consider the parties' income from all sources in determining the amount of alimony. See O'Connor v. O'Connor,
782 So.2d 502, 504 (Fla. 2d DCA 2001) (citing Brock v. Brock,
690 So.2d 737 (Fla. 5th DCA 1997)). *367 Similarly, the definition of "gross income" contained in section
61.30, the child support guidelines provision, is very broad. Section
61.30(2)(a) states, in pertinent part: Gross income shall include, but is not limited to, the following items: 1....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 1359546
...appellant. Dona Cohen Guttler, Weston, pro se. PER CURIAM. We affirm the final judgment in all respects but one. The trial court found that under the statutory guidelines, total child support was $1,251 per month. The court failed to properly apply section 61.30(11)(b), Florida Statutes (1999), which provides that the court " shall adjust any award of child support" when a shared parental arrangement provides that a child spends a "substantial amount of time with each parent." Id....
...tutory definition of "substantial." See Arze v. Sadough-Arze, 789 *
889 So.2d 1141, 1144 (Fla. 4th DCA 2001) (holding that when a child spent 44% of his time with the husband it was "substantial" under the statute). We note that the 2001 amendment to section
61.30(11) defines a "substantial amount of time" as meaning "that the noncustodial parent exercises visitation at least 40 percent of the overnights of the year." Ch.2001-158, § 16, at 19, Laws of Fla. On remand, the trial court shall apply the amended version of section
61.30, which took effect on July 1, 2001. Ch.2001-158, § 16, Laws of Fla.; see Arze, 789 So.2d at 1144-45 (pointing out that the 2001 amendments to section
61.30(11) were "remedial legislation that may be retroactively applied")....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2006 WL 3153255
...District Court of Appeal of Florida, First District. November 6, 2006. *1257 Thomas E. Wheeler, Jr. of Stephen T. Holman, P.A., Pensacola, for Appellant. Charlie Crist, Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. Citing section 61.30(17), Florida Statutes, Ricky E....
...Swanson, filed her initial petition for child support. We reject this contention and affirm the order under review, which awards child support that has accrued since the date of the child's birth. Mr. Morris asks us to hold, in effect, that the 1998 amendment to section 61.30(17) extinguished all but two years of the nearly ten-year obligation for child support he had failed to discharge at the time the amendment took effect....
...sh or truncate the child's substantive rights. See McMillian v. State, Dep't of Rev.,
746 So.2d 1234, 1236 (Fla. 1st DCA 1999) ("[C]hild support is a right which belongs to the child."). Under our precedent, it is clear that enacting, then amending, section
61.30(17), Florida Statutes, did not diminish any right to past child support that was already in existence: Although laches sometimes barred such claims, depending upon the underlying circumstances, public policy precluded a parent from avoiding his or her obligation of support for a minor child....
...2d DCA 2001) (enforcing two-year limitation without analysis, but stating: "This court, and others, have adhered to the often-stated principle that . . . the mere passage of time . . . [does not] excuse[] a parent from child support obligations."). "Prior to [enactment of section
61.30(17)], child support could be made retroactive to the date of the child's birth, without regard to the intervening years between the date of the child's birth and [any prior] determination that such support was due." McMillian,
746 So.2d at 1236-37 ("Because the amendment to section
61.30(17) limits a child's right to past parental support, the amendment is primarily substantive in nature and thus may not receive [or should not be construed to have] retroactive application."). Section
61.30(17), Florida Statutes, now provides: In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child suppo...
...troactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. . . . § 61.30(17), Fla....
...See Horn,
752 So.2d at 688 ("The original enactment of subsection 17 significantly curtailed existing common law rights. . . . Subsection 17 permits the trial court to award child support retroactive to `the date when the parents did not reside together.' §
61.30(17), Fla....
...Andreu,
698 So.2d 886, 888 (Fla. 3d DCA 1997). The child's needs, the father's obligation and the mother's claim (on behalf of the child) arose when the child was born, and continued seriatim thereafter, giving rise to rights that were in existence by the time section
61.30(17) was enacted, and remained intact when it was amended....
...ly 1, 1998 (to support for the period beginning two years before a petition seeking an initial determination of support is filed, even if the parents ceased residing together at an earlier date). Under McMillian, however, "[b]ecause the amendment to section 61.30(17) limits a child's right to past parental support, the amendment ....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2005 WL 3116119
...comparable salary. Given the immediate availability of employment, the court was reasonable in imputing income. And while it seems incongruous to impute income and provide rehabilitative alimony, the husband does not challenge the award of alimony. Section 61.30(2)(a)9., Florida Statutes (2004), provides that the court should include alimony for the purposes of determining income for the basis of child support. It should also impute income to a voluntarily unemployed or underemployed parent. See § 61.30(2)(b), Fla....
...Each party has approximately the same ability to pay attorney's fees. The court did not abuse its discretion in denying the wife an award for attorney's fees. Finally, the husband concedes that the final judgment mistakenly requires the wife to pay one-half of the minor children's uncovered medical expenses. Section 61.30(8), Florida Statutes, requires parents to pay such expenses in accordance with their percentage share of child support....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2002 WL 31557488
...With that, we turn to the former husband's contention that the visitation schedule in the final judgment provides that the boys stay overnight with him more than fifty percent of the time and, therefore, he is entitled to a reduction of his child support pursuant to section 61.30(11)(b), Florida Statutes (2001). See § 61.30(11)(b)10....
...While we are sensitive to the preservation concerns raised by the former wife, the language of the statute is mandatory, providing "[w]henever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of support as follows ...." § 61.30(11)(b) (emphasis added)....
...for rehearing, the former husband did indeed direct the trial judge to the statute and request a reduction in his child support obligation. Consequently, the trial court erred in failing to reduce the former husband's child support award pursuant to section 61.30(11)(b) when this issue was brought to its attention. Accordingly, we reverse the child support award and remand so that each parent's respective child support obligations can be recalculated consistent with section 61.30(11)(b)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1997 WL 715590
...The Merits A substantial change of circumstances generally must be established before a child support obligation is modified. See, e.g., Overbey,
698 So.2d at 813. It was clear from the arguments presented below that appellee's primary basis for establishing a substantial change of his circumstances was section
61.30(1)(b), Florida Statutes (1995), which provides: (b) The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted....
...court may find that the guidelines provide a substantial change in circumstances. Additionally, appellee asserted a substantial change of his financial situation. Although this basis was argued at the hearing only summarily as an alternative to the section 61.30(1)(b) basis, it was set forth more specifically in appellee's pleading which sought the modification. It appears that the trial court found a substantial change in circumstances in both respects asserted by appellee. Paragraph number 6 of the judgment appears to acknowledge a substantial change of circumstances pursuant to section 61.30(1)(b); and paragraph number 5 of the judgment clearly finds a substantial change of circumstances pursuant to appellee's altered financial situation. Accordingly, an analysis of both bases is warranted. Section 61.30(1)(b) Apparently utilizing the information set out in appellee's amended financial affidavit, the trial court determined that appellee's support obligation under the Florida guidelines today would be 267% less, or $526 per month less, than the support obligation set out in the 1991 New Jersey judgment. It is clear that these figures fall within the ambit of 61.30(1)(b), and seemingly would constitute a substantial change of circumstances under the plain reading of this section....
...[2] However, as appellant points out, such reading of the statute would permit a parent who agreed to pay child support above the guidelines (by at least 15% or $50) to subsequently, even soon after the entry of final judgment, modify such obligation by simply *245 resorting to section 61.30(1)(b) without a change of circumstances independent from that provided by this section....
...It is difficult to believe that the Legislature intended to permit a child support agreement to be so easily circumvented by virtue of the differential in the support obligation amounts where there was no change of circumstances independent from that provided by section
61.30(1)(b). Rather, a more reasonable interpretation of this section, as suggested by appellant, is that a change of circumstances independent of section
61.30(1)(b) is required and that this section was intended only to provide one simplified means of establishing that such change was substantial. The Third District Court of Appeal recently wrestled with this issue in Turner v. Turner,
695 So.2d 422 (Fla. 3d DCA 1997): We have carefully reviewed the legislative history of the amendments to section
61.30(1)(b), Florida Statutes since the 1987 enactment of the child support guidelines, and find no clear support for the result in this case in which the guidelines statute is used as the sole basis on which to relieve a father from an agree...
...case by the Supreme Court of Florida: WHERE THERE HAS BEEN NO REDUCTION IN ABILITY TO PAY OR IN THE NEEDS OF THE CHILD, MAY A PARENT'S CHILD SUPPORT OBLIGATION AGREED TO AFTER ENACTMENT OF THE STATUTORY GUIDELINES BE MODIFIED DOWNWARDLY, PURSUANT TO SECTION
61.30(1)(b), FLORIDA STATUTES (1995), SOLELY ON THE BASIS THAT THE AGREED-TO AMOUNT EXCEEDS THE STATUTORY GUIDELINES AMOUNT WHICH WOULD BE PAYABLE IN ABSENCE OF THE AGREEMENT OF THE PARTIES? Turner,
695 So.2d at 423-24 (footnotes omitted). Although the facts of the instant case are slightly different than those in Turner, the above reasoning is applicable to the question of whether section
61.30(1)(b) on its own would provide a basis to reduce appellee's child support obligation if the record did not support the court's determination of a substantial change in appellee's financial situation....
...dren actually paid" annually. Although not explicitly stated, it is readily apparent from the transcript that this deduction was for the child support payments made on behalf of the child of the parties and not some other child of appellee. However, section 61.30(3)(f), Florida Statutes (1995) (emphasis added), regarding calculation of income for child support purposes, provides for a deduction from gross income for "Court-ordered support for other children which is actually paid." From the plai...
...ose shared by the parties to the subject dissolution. See, e.g., Green v. Green,
672 So.2d 49 (Fla. 4th DCA 1996); Batts v. Batts,
600 So.2d 1301 (Fla. 5th DCA 1992); see also Copeland v. Copeland,
667 So.2d 487 (Fla. 1st DCA 1996) ("The language of section
61.30(3) was intended to permit only those items listed in the statute as deductions from gross income.")....
...It notes that the correct figure regarding the differential in support obligations was 256.5% or $524.76. Nonetheless, even accounting for these errors, the difference between the current Florida guideline amount and the obligation under the New Jersey judgment would still fall within the parameters of section 61.30(1)(b).
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 18136, 2011 WL 5560565
...To do so would be an abrogation of legislative power.'" Holly v. Auld,
450 So.2d 217, 219 (Fla. 1984) (quoting Am. Bankers Life Assurance Co. of Fla. v. Williams,
212 So.2d 777, 778 (Fla. 1st DCA 1968)). With these principles in mind, we turn to the pertinent statutory sections related to the issue before us. Section
61.30, Florida Statutes (2010), governs the calculation of child support in the underlying case and prohibits more than a 5% deviation from the child support guidelines except in certain circumstances. Sections
61.30(11)(a) and (b) provide the only possible justification for the underlying deviation; however, neither provision authorizes deviation in the underlying case. Pursuant to section
61.30(11)(b), a trier of fact shall deviate from the guidelines "[w]henever a particular parenting plan provides that each child spend a substantial amount of time with each parent," and further provides directions to adjust the calculations. (Emphasis added). "Substantial amount of time" is defined as exercising "time-sharing at least 20 percent of the overnights of the year." §
61.30(11)(b)(8), Fla....
...Here, the statutes' plain meaning evidences the Legislature's intent to require deviations from the child support guidelines only where a parent shares at least 20% of the overnight stays pursuant to a court authorized parenting plan. See §§
61.046(14),
61.30(11), Fla. Stat. In the underlying case no such plan existed, and thus, deviation was not authorized pursuant to section
61.30(11)(b). Moreover, the ALJ was not authorized to deviate from the child support guidelines pursuant to section
61.30(11)(a), the only other relevant statutory provision authorizing deviation by more than 5%. Section
61.30(11)(a) authorizes a trier of fact to deviate from the child support guidelines for a limited set of equitable reasons when: 10....
...tly incurred during the marriage. While the foregoing provision allows the trier of fact to deviate from the child support guidelines to "achieve an equitable result," this allowance is prefaced by the phrase "[a]ny other adjustment that is needed." § 61.30(11)(a)(11), Fla. Stat. The addition of the term "other" indicates the *168 adjustment must be based on some other grounds not already expressed in the subsection. Id. Section 61.30(11)(a)(10) expressly requires that an equitable deviation based on time-sharing be awarded only where (1) there exists a "parenting plan," and (2) the parent has time-sharing with the child for less than 20% of the time....
...oved by a court where the parties cannot agree. Thus, the plain language of the statute prohibits a trial court from deviating from the guidelines based on a verbal visitation agreement even where equity compels the deviation. Further, to the extent section 61.30(11)(a)(11) could be read as allowing deviations for any equitable reason, the provision would conflict with section 61.30(11)(a)(10)....
...Harris,
772 So.2d 1273, 1287 (Fla.2000) (citing State ex rel. Johnson v. Vizzini,
227 So.2d 205 (Fla.1969)). "[I]t also is well settled that when two statutes are in conflict, the more recently enacted statute controls the older statute." Id. (citing McKendry v. State,
641 So.2d 45 (Fla.1994)). Here, section
61.30(11)(a)(10) is both the more specific and more recently enacted statute. See Ch. 2008-61, § 16, Laws of Fla.; Ch. 2001-158, § 16, Laws of Fla. As such, if conflict existed, subsection
61.30(11)(a)(10) would control in the underlying case, thereby preventing the ALJ from deviating without a written, court-authorized parenting plan....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 6689, 2016 WL 2247951
...both parties. Thus, the only findings that are absent are findings regarding how the trial
court arrived at the parties' net incomes from their gross incomes. The guidelines
require the calculation of a party's net income from gross income. See §§
61.30(2), Fla.
Stat. (2010) (requiring a determination of gross income),
61.30(3) (requiring the
determination of net income by subtracting certain allowable deductions from gross
income); see also Pedroza v. Pedroza,
779 So. 2d 616, 618-19 (Fla. 5th DCA 2001)
("The trial court is required to determine net income based upon section
61.30, Florida
Statutes, by determining 'gross income' ....
...2d 1034, 1035 (Fla. 4th DCA
1996) (reversing for trial court to "make a specific finding as to the parties' net incomes,
-5-
derived from their gross incomes minus the allowable deductions set forth in section
61.30(3)")....
...Drakulich,
705 So. 2d 665, 667 (Fla. 3d DCA 1998) ("The expense of
transporting the minor child for visitation is a childrearing expense like any other. . . .
The expense of transporting the child for visitation must be evaluated within th[e]
framework [of section
61.30].")....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 690380
...onstruction company, an S-corporation, for alimony and child support purposes. We disagree and find that the record supports the award, and amount of, child and spousal support. See §
61.046(4), Fla. Stat. (1997); §
61.08(2)(g), Fla. Stat. (1997); §
61.30(2)(a), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 575166
...he child as a result of the former husband's disability. See id. at 120. In affirming, this Court noted that there was no reduction in the former husband's disability income as a result of the social security payments made to the child and relied on section 61.30(11)(b)....
...child support award, or either or both parents' share of the minimum child support award, based upon the following considerations: . . . 2. Independent income of the child, not to include moneys received by a child from supplemental security income. § 61.30(11)(a)2, Fla.Stat....
...Recognizing there is a distinction between the two, we now recede from Gomez. In receding from Gomez, we adopt the reasoning of the Second District in Wallace v. Department of Revenue,
774 So.2d 804 (Fla. 2d DCA 2000). There, the court disagreed with Gomez and explained, We do not agree that the amendment to section
61.30(11)(b) changed the result in Williams or alters the result in this case. First, Gomez does not distinguish between supplemental security income and social security disability benefits, *403 but appears to use the terms interchangeably. This distinction is important because section
61.30(11)(b) refers only to supplemental security income....
...SSI is likely to be the only type of benefit a child could receive on his or her own behalf, because of the child's disability. A child is ineligible for SSDI benefits unless he or she has met the contribution requirements through employment. In addition, section 61.30(11)(b) does not refer to dependent benefits at all, whether due to SSI, SSDI, or any other social security benefit. Second, section 61.30(11)(b) refers specifically to a final adjustment in the child support award because of the income of the child....
...On the other hand, when social security disability insurance benefits or supplemental security income is received because of the disability of a parent, those benefits and the dependent benefits that accompany it, are income attributable to the parent. See § 61.30(2)(a); Williams, 560 So.2d at 310....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 220555
...al was 39%. It then looked to the guidelines, determined that the monthly amount of support for two children based on the parents' combined income was $1,274.00 per month, and ordered Ruth Flanagan to pay 39% of the amount, or $481.26 per month. See § 61.30, Fla.Stat....
...We note that the court specifically stated it arrived at this amount based on Ruth's most current earning history. While that history certainly supports imputation of gross income in the amount of $1,500.00, it does not support imputation of net income in that amount. See § 61.30(3)(a)-(f), Fla.Stat....
...Ruth also claims the court erred in failing to deduct her expenses in raising Bryant from her gross income in determining her net income available for support of the two children born during her marriage. We note that the guidelines do not directly address the situation presented here. Section
61.30(3)(f), Florida Statutes (1993), allows a deduction from gross income for "[c]ourt-ordered support for other children which is actually paid." Because Bryant lives with Ruth, she obviously does not pay a court-ordered amount for his support, and section
61.30(3)(f) is inapplicable. Hutslar v. Lappin,
652 So.2d 432 (Fla. 1st DCA 1995). Section
61.30(11)(k), however, permits a *896 court to adjust a parent's share of the minimum child support award based on: Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. §
61.30(11)(k), Fla.Stat....
...Flanagan's fourth point, we affirm the court's decision to exclude evidence about Alan Flanagan's present wife's income. The income of a party's spouse is relevant in child support proceedings if the party asks the court to depart from the guidelines because of a support obligation to a subsequent child. § 61.30(12), Fla.Stat....
...If the trial court finds she is so obligated, it must adjust the husband's net income accordingly. The court's award of arrearages included $402.50 for day care expenses. Nothing in the record indicated that, in calculating these expenses, the court followed the procedure set out in section 61.30(7), Florida Statutes (1993) (child care costs shall be reduced by 25%, and then added to the basic obligation)....
...rriage had lived with Ruth Flanagan for a nine-month period. We note that under the guidelines the court may reduce the amount of support paid to the custodial parent, if the child visits for more than twenty-eight days with the noncustodial parent. § 61.30(11)(g), Fla.Stat....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1996 WL 93924
...Willis, Palm Beach Gardens, for appellant. *1035 Sherry L. Cooper, Jupiter, for appellee. PER CURIAM. We affirm the final judgment of dissolution except for the award of child support which we reverse. On remand we direct that the trial court follow the guidelines set forth in section 61.30, Florida Statutes (1993); and that it make a specific finding as to the parties' net incomes, derived from their gross incomes minus the allowable deductions set forth in section 61.30(3)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1997 WL 91453
...ied that he was only earning $2,500 per month and produced evidence reflecting payment of a salary in that amount. In its written order the lower court neither indicated why it rejected the former's husband testimony nor made findings consonant with section 61.30(2)(b), Florida Statutes, to support a finding that the former husband had voluntarily reduced his income....
...The lower court stated that it was imputing an income of $3,700 per month because the court believed the former husband "has a prospect of regaining a foothold" in his construction business. The lower court never made a specific finding, however, as required by section 61.30, Florida Statutes, that the former husband's underemployment was voluntary....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 313744
...gs; and $1,500 was additional imputed income based on monthly support from the Husband's father. The trial court found that the Wife had zero income. The base guideline child support for three children with a parental income of $5,830 is $2,134. See § 61.30, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1998 WL 135123
...Yet, he ordered only $38.37 to be paid due to a $75.00 deduction for "gas mileage." The court made no findings, nor did it provide any other explanation for this departure from the guidelines. Without such an explanation, we cannot determine how "gas mileage" is a relevant factor justifying departure under section 61.30(11)(a)-(k)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 111467
...March 17, 1995. Beverly B. Parker, Jacksonville Area Legal Aid, Inc., Jacksonville, for appellant. Denise Watson, Jacksonville, for appellee. JOANOS, Judge. Appellant, Karen K. Hutslar, appealed a non-final order computing temporary child support pursuant to section 61.30, Florida Statutes....
...ldren. The trial court agreed, and computed each party's child support obligation for T.L. without consideration of appellant's support obligation for her other three children. In this appeal, appellant maintained the trial court's interpretation of section 61.30(3)(f), Florida Statutes, denied appellant and her children equal protection under the law. Section 61.30(3)(f) authorizes a deduction from the monthly income of an individual parent for "court ordered support for other children which is actually paid." The guidelines do not address the support obligations of custodial parents who are paying for other children not subject to the child support action at issue. We decline to address the constitutional question, because the issue presented in this case can be resolved through application of the discretionary authority available to the trial court under section 61.30(11)(k), Florida Statutes. In the instant case, appellant asked us to find that section 61.30(3)(f) implicitly authorizes a deduction for child support obligations incurred prior to the birth of an out-of-wedlock child in a determination of support for that child....
...ulation in pari materia with the subsection (3)(a) to (f) provisions enumerating items excludable from gross income, [2] demonstrates these provisions will not support the broad construction urged by appellant. In the first instance, the language of section 61.30(2)(a) lists items includable in gross income for purposes of a child support calculation, and in express terms, permits the inclusion of types of income not specified in the statute. In contrast, the language of section 61.30(3) conveys legislative intent to permit as deductions from gross income only those items listed in subparagraphs (a) through (f)....
...The absence of the phrase "but is not limited to" in subsection (3), establishes that allowable deductions from gross income "shall include" only the items listed. Although the trial court's discretion is limited with respect to the deductions allowable from gross income under section 61.30, Florida Statutes, we conclude appellant's obligation of support for her three other children is a matter that can be considered under section 61.30(11)(k)....
...sed are of great public importance or are likely to reoccur. Godwin v. State,
593 So.2d 211, 212 (Fla. 1992); Holly v. Auld,
450 So.2d 217, 218 n. 1 (Fla. 1984). We believe this case meets both requirements. Accordingly, we conclude that pursuant to section
61.30(11)(k), Florida Statutes, the trial courts of this state have discretion to consider a parent's support obligation to other children in the calculation of that parent's income for purposes of a child support order under the child support guidelines. ERVIN and MINER, JJ., concur. NOTES [1] §
61.30(2)(a), Fla....
...uired 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. [2] § 61.30(3), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2004 WL 442869
...1995 and that she earned $33,000 per year at that time. Since that time, the former wife has earned a masters degree in electrical engineering, but has not been in the work force because she was the primary custodian of the parties' minor children. Section 61.30 of the Florida Statute (2000) provides the following with regard to imputed income: 61.30 Child support guidelines; retroactive child support: * * * [2](b) Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2006 WL 473806
...te $5,560 to the husband because of an established history of earning more than $5,560 per month. Finally, contrary to the husband's argument, there is no specific set of requisite written findings required for a trial court to impute income because section 61.30(2)(b) requires the court to find only that the parent is voluntarily underemployed....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 9899, 41 Fla. L. Weekly Fed. D 1510
...Because we reverse and remand for the entry of a detailed timesharing
schedule, we also reverse on the issue of the child support obligation of the former
husband. The case is remanded for the trial court to re-calculate that obligation
pursuant to section 61.30(11)(b), Florida Statutes (2014), after it determines the
appropriate number of overnights to award the former husband in the detailed
timesharing schedule....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 8670, 2009 WL 1766616
...attached to the judgment. In it, the net income of the wife is calculated at $3,171, and the net income of the husband is $3,215. This would constitute the wife's income after deduction of alimony and the husband's income including the alimony. See § 61.30(2), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 WL 358087
...e that the court should have applied the 1993 version of the guidelines to the case because the proceeding was pending when the 1993 version became effective. See Ch. 93-208, Laws of Fla.; Whight v. Whight,
635 So.2d 135 (Fla. 1st DCA 1994) (holding §
61.30, Fla....
...As a matter of law, the trial court was required to apply the 1993 version of the statute to the case sub judice. Whight,
635 So.2d at 138. Under the 1993 version, the minimum child support need for two children, where the parties' combined net income is $7,109.60 per month, would presumptively be $1,897. §
61.30(6), Fla. Stat. (1993). Here, the father's share was determined to be 35.16% of the total; therefore, he should have been required to pay $663.95, not $454. §
61.30(10), Fla....
...minus five percent, or to enter written findings explaining why ordering payment of the guidelines amount would be unjust or inappropriate. Winters v. Katseralis,
623 So.2d 613 (Fla. 2d DCA 1993); Glover v. Glover,
601 So.2d 231 (Fla. 1st DCA 1992); §
61.30(1)(a), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1993 WL 199446
...If applied, the guidelines would have indicated a much smaller support award based upon the husband's net monthly income. [1] Of course, the trial court may consider a variety of factors in arriving at a final figure, but the guidelines represent the presumptive amount to be ordered as child support. See § 61.30(1)(a), (6), (10), Fla. Stat. (Supp. 1992). On the scant record before us, there is no indication that the trial court ever considered the guidelines. Consequently, we must reverse the award and remand for consideration in light of section 61.30, Florida Statutes....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2008 WL 2774436
...e of child support are 43% and 57%. Harrison's 2005 financial affidavit states the monthly expense for the child's private school is $200. Kaiser's share of private school tuition is $114, or 17% more than his $665.70 monthly share of child support. Section 61.30(1)(a), Florida Statutes (2005), permits the court to order payment of child support which varies, plus or minus 5%, from the guideline amount only upon a written finding why that guideline amount would be unjust or inappropriate....
...Kaiser testified that the pending grievances had a negative effect on his ability to earn income. Harrison's CPA presented no specific evidence of personal expenses paid by Kaiser's business. She submitted numerous exhibits that purported to evidence his business's payment of such personal expenses. Section 61.30(2)(a)13....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2002 WL 10421
...trial judge does not explain how he reached this figure. We, therefore, must reverse on the issue of retroactive child support payments for the trial court to explain how it reached its determination or to conduct further proceedings on this matter. Section 61.30(11)(a)8., Florida Statutes states that "the court may order the primary residential parent to execute a waiver of the Internal Revenue Service dependency exemption if the non-custodial parent is current in support payments." The trial c...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1995 WL 1661
...ason," although it may furnish the basis for a modification at the appropriate time. In any event, we understand from comments of counsel at oral argument that this issue may have become moot. We next address the amount of child support. Pursuant to section 61.30(1)(a), Florida Statutes (1993), the child support guidelines *821 presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support......
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 140199
...Johnson, Assistant Attorney General, for appellee. Before GERSTEN, SHEVIN and SORONDO, JJ. SHEVIN, Judge. Benjamin Horn appeals a final judgment of paternity that awards child support retroactive to the date of the child's birth. We affirm. We cannot adopt Horn's argument that the amendment to section 61.30(17), effected by chapter 98-397, section 11, at 3030, Laws of Florida, [1] which became effective July 1, 1998, during the pendency of these proceedings, should apply to this case. The Florida Department of Revenue filed its petition against Horn in June 1997. This filing preceded the July 1, 1997, effective date for the adoption of subsection 17 to section 61.30. Ch. 97-170, § 11, Laws of Fla. Therefore, we hold that any award of support based either on section 61.30(17) itself,or on the 1998 amendment to section 61.30(17), would be error. Florida courts have consistently held that section 61.30 cannot be applied retroactively to cases filed prior to the statute's effective date....
...See also Department of Health & Rehab. Servs. v. Holland,
602 So.2d 652 (Fla. 5th DCA 1992)(duty to pay support can be based on common law or statute). Subsection 17 permits the trial court to award child support retroactive to "the date when the parents did not reside together." §
61.30(17), Fla....
...ntion the payment plan Horn was afforded. We agree that this is a discrepancy. Hence, we remand with instructions to correct the judgment to reflect the monthly payment plan. Affirmed; remanded with instructions. NOTES [1] Pursuant to the amendment, section 61.30(17) provides: In an initial determination of child support,......
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2004 WL 231223
...It should also be noted that the appellee properly conceded in its brief that in determining the award of child support, the trial court erred by failing to first deduct the award from appellant's income and then failing to add it to the income of appellee. See § 61.30(2)(a)(9), (3)(g), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2003 WL 215044
...Childers, Pensacola, for Appellee. PER CURIAM. George L. McDaniel, appellant, seeks review of an order modifying the Final Judgment of Dissolution of Marriage. Appellant raises four issues: the trial court erred in awarding retroactive and increased child support pursuant to section 61.30(11)(c), Florida Statutes (2001); the trial court failed to make findings to support its 28% deviation from the statutory child support guidelines; the trial court failed to make findings to support its inclusion of private school tuitio...
...r began not regularly exercising his visitation, to the date of the daughter's fourteenth birthday." Although not cited in the order as authority for the retroactive award of increased child support, it is evident that the trial court was relying on section 61.30(11)(c), Florida Statutes (2001). Section 61.30(11) was amended effective June 5, 2001, as follows: (c) A non-custodial parent's failure to regularly exercise court-ordered or agreed visitation not caused by the custodial parent which resulted in the adjustment of the amount of child support pursuant to subparagraph (a)10....
...or paragraph (b) shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph shall be retroactive to the date the non-custodial parent first failed to regularly exercise court-ordered or agreed visitation. § 61.30(11)(c), Fla....
...arental agreements where the child spends a substantial amount of time with each parent resulting in the reduction of financial expenditures typically incurred by the primary residential parent. The trial court erred, as a matter of law, by applying section 61.30(11)(c) because there was no evidence that the amount of child support in the instant case was adjusted or otherwise reduced pursuant to either scenario contemplated in sections 61.30(11)(a)10. or 61.30(11)(b)....
...the petition and not any time preceding that date). The trial court found that the child support should be increased and further found that a factor of 1.28% was reasonable as an increase over and above the child support guideline amount dictated by section 61.30(6), Florida Statutes (2001)....
...he parties agreed was $668.02. It appears to this court that the trial court deviated from the guideline amount of $668.02 by 28% and added the private school tuition costs, i.e., $172.25, to reach the $1,027.31 monthly support awarded by the court. Section
61.30(1)(a), Florida Statutes (2001), provides that the "trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. " (emphasis *1268 supplied). Because the trial court ordered appellant to pay child support in the amount of $1,027.31, an amount which deviates more than 5% from the guidelines amount, without satisfying the statutory requirement of section
61.30(1)(a), quoted above, we reverse. See Swanston v. Swanston,
746 So.2d 566 (Fla. 1st DCA 1999); Mead v. Mead,
726 So.2d 865, 865 (Fla. 1st DCA 1999) (directing the trial court to make findings mandated by section
61.30(1)(a) "so that intelligent appellate review will be possible")....
...e the child support or make adequate findings to support the award. We further note that the trial court must support any child support award that deviates more than 5% [1] from the child support guidelines with specific written findings pursuant to section 61.30(1)(a)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 70881
...ge of the wife. We modify the final judgment to include this limiting language. See Hunt v. Hunt,
481 So.2d 995 (Fla. 5th DCA 1986). The husband also contends that his actual child support obligation exceeds the child support guidelines set forth in section
61.30, Florida Statutes (1995), because the trial court failed to include in its calculation the amounts he is required to pay for medical *989 insurance for the children....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1990 WL 13347
...t. At final hearing it was received in evidence and approved EXCEPT the provisions for child support. The parties agreed to $50.00 weekly child support but the court rejected this amount deeming it inadequate under the guidelines amount suggested by section 61.30, Florida Statutes (1987). Pursuant to court direction the wife was to furnish the court with a letter outlining the parties' income and the appropriate proportion of support each parent should be responsible for according to the section 61.30 guidelines....
...larify Proceedings" was denied. It is the husband's position that the trial court erred in unilaterally increasing his child support obligation without making specific findings of fact or receiving additional evidence as to the factors enumerated in section 61.30, Florida Statutes....
...and the parties' ability to provide support. Guadine v. Guadine,
474 So.2d 1245 (Fla. 4th DCA 1985); Davis v. Davis,
371 So.2d 591 (Fla. 2d DCA 1979). Without unduly laboring over the matter, we hold that as salutary and helpful as the guidelines in section
61.30, Florida Statutes may be, the trial court should not apply the guideline figures simply, as a matter of mathematics, based solely upon the income of the parties in determining the amount of child support....
...taking into account the parties' whole financial picture, including their assets, liabilities and annual income. Moreover, all other traditional factors should be considered which bear upon the child's welfare, together with the items enumerated in section 61.30(10)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 384151
...In addition to ordering the Former Husband to pay alimony, the trial court also ordered him to pay $2,971 per month in child support. The trial court's child support award, like the equitable distribution of the parties' property and the alimony award, lacked sufficient factual findings as required under section
61.30, Florida Statutes (2002). While a child support determination is within the discretion of the trial court, section
61.30 "provides the statutory formula which must be used to *260 determine each parent's actual dollar share." Ondrejack,
839 So.2d at 871 (citing Stanton v....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 5101138
...he parties or any adjustments to income, a reviewing court cannot ascertain whether a child support award is within the guidelines. We remand for the trial judge to calculate the child support in accordance with the statutory guidelines set forth in section 61.30, Florida Statutes....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1867643
...Williams received, it did report that Mr. Williams was 66 years old, and thus he was most likely receiving social security retirement benefits. The reasoning in Williams applies equally to social security disability benefits like those received by Mr. Wallace because section 61.30(2)(a)(8), Florida Statutes (1999), provides that "social security benefits" are included in gross income for the purpose of child support calculations....
...r-dollar credit against the obligation calculated. Id. at 120. In support of this position, the Fourth District expressed the opinion that Williams was overruled by a 1997 amendment to the guidelines. See id. (citing ch. 97-170, § 11, Laws of Fla.; § 61.30(11)(b), Fla. Stat. (1997) [2] ). As amended in 1997, section 61.30(11)(b) prohibited a court from adjusting a child support award based upon "[i]ndependent income of the child, not to include moneys received by a child from supplemental security income." We do not agree that the amendment to section 61.30(11)(b) changed the result in Williams or alters the result in this case. First, Gomez does not distinguish between supplemental security income and social security disability benefits, but appears to *807 use the terms interchangeably. This distinction is important because section 61.30(11)(b) refers only to supplemental security income....
...SSI is likely to be the only type of benefit a child could receive on his or her own behalf, because of the child's disability. A child is ineligible for SSDI benefits unless he or she has met the contribution requirements through employment. In addition, section 61.30(11)(b) does not refer to dependent benefits at all, whether due to SSI, SSDI, or any other social security benefit. Second, section 61.30(11)(b) refers specifically to a final adjustment in the child support award because of the income of the child....
...On the other hand, when social security disability insurance benefits or supplemental security income is received because of the disability of a parent, those benefits and the dependent benefits that accompany it, are income attributable to the parent. See §
61.30(2)(a); Williams,
560 So.2d at 310....
...e Estates, 89 Harv.L.Rev. 833 (Mar.1976). Mr. Wallace's work history as reflected in this record confirms that he qualified for the larger benefit available through social security disability. [2] This statute was renumbered and currently appears at section 61.30(11)(a)(2), Florida Statutes (1999)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 21630, 2012 WL 6554552
...party” and “any other factor necessary to do equity and justice between the parties.” Further, the level of income imputed must be based on “recent work history, occupational qualifications, and prevailing earnings level in the community.” § 61.30(2)(b), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2986417
...However, the past financial indiscretions of the parties and the significant debt they incurred during the marriage cannot now serve as a means to castigate the husband alone. See Rosenfeld v. Rosenfeld,
597 So.2d 835 (Fla. 3d DCA 1992). B. Retroactive Child Support and Arrearages Section
61.30(17), Florida Statutes (2005), grants a trial court discretion to award child support retroactive to the date when the parents no longer reside together in the same household with the children. In doing so, section
61.30(17) states that a trial court shall consider any payments made by the noncustodial parent to the custodial parent for the benefit of the children throughout the retroactive period....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1998 WL 438808
...es' incomes mandates reversal of the child support award since the parties' income underlies this calculation as well. A child support determination is within the trial court's discretion, subject to statutory guidelines and the reasonableness test. § 61.30(1)(a), Fla....
...We find additional error in the trial court's failure to deviate from the support guidelines. Contrary to the former husband's arguments on appeal, the record contains ample evidence showing that the parties have incurred additional expenses in the past in meeting the needs of their handicapped daughter. As section 61.30(11)(f), Florida Statutes (1995) authorizes, the court should have considered those additional expenses and adjusted the child support award, to accommodate "[s]pecial needs that have traditionally been met within the family budget even...
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 12794, 2011 WL 3558151
...Canakaris,
382 So.2d 1197, 1202 (Fla.1980) (awarding alimony is discretionary but court must determine a spouse's ability to pay based on his net income); Chaney v. Fife,
18 So.3d 44, 45 (Fla. 1st DCA 2009) ("A trial court's determination of a party's net income must be supported by competent, substantial evidence."); §
61.30(3)(a), Fla....
...pay. See §
61.08(2), Fla. Stat. In determining the amount of child support on remand, the trial court shall make specific findings explaining how the award was calculated and justifying any material deviation from the guideline support amount. See §
61.30(1)(a), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 1779118
...be $4,607.00 (disability and social security) + $864 (children's social security) = $5,471.00. The parties' combined income is then $8,420.32. As the wife points out in her brief, based on the combined income, the children's needs are $2,052.00. See § 61.30(6), Fla. Stat. (2003). The husband's responsibility is 65% and the wife's responsibility is 35%. See § 61.30(9), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2004 WL 912663
...tuation. After Mr. Kuttas moved to Maryland, Ms. Ritter sought for the first time an upward deviation from the child support guidelines based upon the children's "[s]pecial needs, such as costs that may be associated with the disability of a child." § 61.30(11)(a)(8), Fla....
...e week prior to their return to *8 school in the fall. Furthermore, the trial court's scheme for reduction of Mr. Kuttas's basic child support during the two summer months and the abatement of the additional support award comports with the intent of section 61.30(11)(g)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1996 WL 191046
...The parties alleged changes of all three kinds in the present case, but the trial court made no findings as to any of these allegations. In order to show a change in circumstances sufficiently substantial to justify an order modifying the child support award, the mother relies on the amendment to section 61.30(1)(b), Florida Statutes, Ch. 92-138, § 11, at 1177, Laws of Fla., which changed the statute to read: The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. § 61.30(1)(b), Fla.Stat. (Supp.1994). The trial court made no "specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate," § 61.30(1)(a), Fla.Stat....
...Ballantyne,
666 So.2d 957 (Fla. 1st DCA 1996); Whight v. Whight,
635 So.2d 135 (Fla. 1st DCA 1994). The father invokes the qualifying threshold requirement set out in the (later added, Ch. 93-208, § 5, at 2069, Laws of Fla.) sentence immediately following the sentence in section
61.30(1)(b), Florida Statutes (Supp.1994), on which the mother relies: However, the difference between the existing order and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances. §
61.30(1)(b), Fla.Stat....
...The basic guideline child support amount based upon these income figures is $2,288.83 per month. The wife contributes $167.00 for health insurance for the minor children. Seventy-five percent (75%) [sic [2] ] of the amount paid for health insurance must be added to the basic guideline amount. See 61.30(7) [sic], Florida Statutes....
...Based on their stipulation, the trial court has ordered the father to pay the tuition. [3] That the child attends private school has not diminished the child's need for food, clothing, shelter, or the other components of "the minimum child support need." § 61.30(6), Fla.Stat. (Supp.1994). By ordering the father to pay tuition, the court in effect adjusted the minimum child support award upward based on "[e]xtraordinary ... educational ... expenses." § 61.30(11)(a), Fla.Stat....
...5th DCA 1994) (on remand trial court could "consider any special needs of the children (such as private school tuition), which cannot be met by an award five percent above the minimum amount set in the guidelines"). We conclude that "the amount provided for under the guidelines," § 61.30(1)(b), Fla.Stat....
...Although we reject the father's proposed treatment of private school tuition, we are unable, assuming the validity of the numbers in the father's brief, to conclude that the guidelines are an appropriate basis on which to find a change in circumstances which would, under section 61.30(1)(b), Florida Statutes (Supp.1994), justify a modification in the amount of child support....
...n that there has been a sufficiently substantial change in circumstances to provide a basis for modification, taking the child care expenses into account and using the other figures set out in the father's answer brief. The case is that close. Since section 61.30(1)(b), Florida Statutes (Supp.1994) requires a discrepancy of "at least 15 percent or $50, whichever is greater, before the court may find that the guidelines provide a substantial change in circumstances," the guidelines alone would no...
...We would not presume to intrude on the trial court's prerogative in this regard. Nor do we suggest that detailed findings of fact are necessary in every case in which modification of a child support order is sought. But fact finding is necessary here to decide whether section 61.30(1)(b), Florida Statutes (Supp.1994) applies and, if so, how to give it effect....
...Richter,
666 So.2d 559 (Fla. 4th DCA 1995). [2] The statute does not allow a 25% reduction of the amount of health insurance costs. It provides: Health insurance costs resulting from coverage ordered pursuant to s.
61.13(1)(b) shall be added to the basic obligation. §
61.30(8), Fla.Stat....
...[4] The $2,414.08 that the father posits as "the total monthly child support obligation" must be increased by the $340.00 monthly tuition payment the trial court also ordered. All of the health insurance premiums the mother incurs not just 75%must also be added to the basic obligation. § 61.30(8), Fla.Stat....
...In other words, the figure must also be increased by an additional $41.75 (25% of $167), to arriveusing only the figures in the father's answer briefat the amount ($2,795.83) to be allocated between the parties, based on their relative incomes. § 61.30(9), Fla.Stat....
...nce income of current employment of either parent shall be reduced by 25 percent and the shall be added to the basic obligation.... Child care costs shall not exceed the level required to provide quality care from a licensed source for the children. § 61.30(7), Fla.Stat....
...[6] Seventy-three percentagain using the numbers in the father's briefof $2,795.83, see ante, n. 3, is $2040.96. Each parent's percentage share of the child support need shall be determined by dividing each parent's net income by the combined net income. § 61.30(9), Fla.Stat....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1991 WL 53561
...r discretion in awarding support in an amount less than that recommended in the child support guidelines. The trial judge explained that her order took into account appellee's obligation to support his additional children by his subsequent marriage. Section 61.30(1)(a), Florida Statutes (1989), specifically provides that "[t]he trier of fact may order payment of child support in an amount different from such guideline amount upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate." Furthermore, section 61.30(10)(i) permits the court to adjust the award "to achieve an equitable result." See Waldon v....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1993 WL 383471
...The trial court's statement that "although child support guidelines yield a child support amount of $207.13 per month, that after taking the defendant's other financial obligations into consideration, he can only afford to pay $55.00 per month for the child in this case" is insufficient as a matter of law. § 61.30(1)(a), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2101985
...alimony in four years. Under the circumstances present here, we agree. In the present case, the trial court reasoned that when the payment of rehabilitative alimony ceases at the end of four years, this will alter the child support calculation. See § 61.30(3)(g), Fla. Stat. (2003). Under the facts of this case, this would result in a child support increase in excess of the 10% threshold contained in the statute. See id. § 61.30(1)(c)....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...Has the above visitation or time sharing schedule been agreed to by the parties? ( ) yes ( ) no SECTION IV. CHILD SUPPORT [/ one only] _ 1. Petitioner requests that the Court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes....
...Monthly disability benefits/SSI 5. Monthly Workers’ Compensation cn 6. Monthly Unemployment Compensation C5 *105 [[Image here]] 17. PRESENT MONTHLY GROSS INCOME (Add lines 1-16) TOTAL: 17. PRESENT MONTHLY DEDUCTIONS: [[Image here]] 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25) TOTAL: 26....
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Repre- sented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see section 61.30, Florida Statutes Special notes ......
...of the children) without the agreement of the other party during the other party’s time of parental responsibility or visitation. SECTION IV. CHILD SUPPORT 1. ( )Mother ( )Father will pay child support, under Florida’s child support guidelines, section 61.30, Florida Statutes, to the primary residential or sole parent named above....
...a visitation or time sharing schedule as follows: [[Image here]] Has the above visitation or time sharing schedule been agreed to by the parties? ( ) yes ( ) no SECTION IV. CHILD SUPPORT [/ all that apply] _ 1. Respondent requests that the Court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes....
...so. Petitioner has custody of the minor children) or the children) has (have) primary residence with Petitioner. [/ all that apply] — 1. Petitioner requests that the Court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes....
...[[Image here]] *295 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
...illing of those needs will cause support to exceed the guidelines; — 5. The amount of time each child will spend with each parent under the shared parental arrangement; _ 6. The direct and indirect financial expenses for each child as set forth in s. 61.30(ll)(b)3, Florida Statutes; — 7....
...Impact of IRS dependency exemption and waiver of that exemption; — 9. Residency of subsequently born or adopted child(ren) with the obligor, including consideration of the subsequent spouse’s income; — 10. The comparative income of each parent, considering all relevant factors, as provided in s. 61.30(2)(a), Florida Statutes; _ 11....
...Age of the child(ren), taking into consideration the greater needs of older child(ren); *297 _ 6. The amount of time each child will spend with each parent under the shared parental arrangement; _ 7. The direct and indirect financial expenses for each child as set forth in s. 61.30(ll)(b), Florida Statutes; _ 8. The comparative income of each parent, considering all relevant factors, as provided in s. 61.30(2)(a), Florida Statutes; _ 9....
...retain his/her (their) present name(s). _ b. receive a change of name as follows: *441 [[Image here]] SECTION III. CHILD SUPPORT [/ all that apply] ___ 1. Petitioner requests that the Court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes....
...retain his/her (their) present name(s). _ b. receive a change of name as follows: [[Image here]] *452 SECTION III. CHILD SUPPORT [/ all that apply] _ 1. Respondent requests that the court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes....
...troactive to the date when the parents did not reside together in the same household with the child, “not to exceed a period of 24 months preceding the filing of the petition,” regardless of whether that date precedes the filing of the petition. § 61.30(17), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 31094135
...urt can allocate visitation travel expenses in the same guidelines ratio as governed allocation of the other child care expenses, unless the trial court makes findings explaining why a different allocation "is needed to achieve an equitable result." § 61.30(11)(k), Fla....
...Coons,
765 So.2d 167, 174 (Fla. 1st DCA 2000) ("As `[t]he expense of transporting the minor child for visitation is a childrearing expense like any other,' such expenses `should be shared by the parents in accordance with their financial means' according to section
61.30, Florida Statutes (1997)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 816975
...Thus, the court simply found that the husband could make more money in his chosen medical career. The court's judgment sufficiently identified the amount and source of imputed income and used the statutory criteria to determine the income level. See Viscito v. Menditto,
644 So.2d 135, 136 (Fla. 4th DCA 1994). Section
61.30(2)(b), Florida Statutes (1997), provides for the imputation of income and states, "[i]n the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined...
...While it is not apparent where this figure came from, it could not have included an estimate of withholding and social security on an income of $250,000. We therefore reverse to recalculate the husband's net income, taking into account the mandatory deductions required under section 61.30(3)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2012 WL 5233621, 2012 Fla. App. LEXIS 18374
...mitigate potential harm to children.” Wattenbarger v. Wattenbarger,
767 So.2d 1172, 1173 (Fla.2000) (quoting Boot v. Sapp,
714 So.2d 579, 580 (Fla. 4th DCA 1998)). In a paternity action, the court orders child support pursuant to the guidelines in section
61.30....
CopyCited 4 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 840, 2008 Fla. LEXIS 1975, 2008 WL 4587208
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.30, Florida Statutes....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1990 WL 154793
...The wife contends that the child support award is insufficient, and therefore the trial court abused its discretion. The wife further contends that the court should have awarded child support in the amount of $2,000.00 per month. We disagree. We note that the child support guidelines found in section 61.30, Florida Statutes (1987), do not apply to this case as the parties assumed because the petition for dissolution of marriage was filed before this section went into effect....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1205377
...The Florida Legislature has also made it clear that visitation rights and the obligation to provide child support are unrelated. §
61.13(4)(b), Fla. Stat. (1997). The mother and the father have not resided together since prior to the birth of the child. Section
61.30(17), Florida Statutes *275 (1999), provides for a retroactive award of child support under these circumstances for a period of twenty-four months preceding the filing of the petition....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1995 WL 594348
...The concept contemplates the child obtaining benefit from the affluence of the noncustodial support-paying parent. The father did not contest paternity. Thus, the only issue is the amount of support he is required to pay. Using the schedule mandated by the child support guidelines in section 61.30, Florida Statutes (1993), the trial court determined the father's support obligation to be $2,654.09 per month....
...Although the court indicated that it would enter an additional order detailing the duties of the guardian ad litem in regard to this fund, the trial court had not entered such an order at the time of oral argument. THE CHILD SUPPORT GUIDELINES The child support guidelines are not "guidelines" in the true sense. Chapter 61.30, Florida Statutes (1993), is a mandatory schedule of support designed to meet the minimum needs of a child in relation to the parents' income level....
...Custody and support of children; visitation rights; power of court in making orders (1)(a) In a proceeding for dissolution of marriage, the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in s. 61.30 as from the circumstances of the parties and the nature of the case is equitable....
...Section
61.13(5), Florida Statutes, was amended as follows: (5) The court may make specific orders for the care and, custody, and support of the minor child as from the circumstances of the parties and the nature of the case is equitable and provide for child support in accordance with the guidelines in s.
61.30....
...An award of shared parental responsibility of a minor child does not preclude the court from entering an order for child support of the child. Ch. 93-208, § 2, at 1603, Laws of Fla. (additions are indicated by underline; deletions by strikeout). 3. Section 61.30 was substantially reworded to increase the maximum combined monthly income in the schedule from $8,400 to $10,000 and to add the following: For combined monthly available income greater than the amount set out in the above schedules, th...
...child's actual needs to be $1,500 per month, the award should be so limited. Both issues are addressed in our opinion and are without merit. Reversed and remanded with instructions. RYDER, A.C.J., and WHATLEY, J., concur. NOTES [1] The amendment to section 61.30 is to conform to the requirement in the federal guidelines that there can be no cap on the application of the guidelines....
...2d DCA 1992), which hold that the guidelines, while helpful, are not to be applied automatically. See Final Bill Analysis & Economic Impact Statement of the House of Representatives Committee on Judiciary to CS/HB 707 (1993). In this opinion, we do not discuss those sections of 61.30 which authorize deviation from the guidelines other than to note that section 61.30(1)(a) is further amended to provide: The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount....
...y spending money, or the like, simply because there is money available to supply them. The trial judge has great discretion in setting the level of support, but the ability to pay does not authorize a child to needlessly pick the pocket of a parent. Section 61.30(1)(a), Florida Statutes (1993), authorizes the trial courts to deal with such situations within their sound discretion: The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideli...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 175080
...According to both Bailey and section
61.14, F.S., then, the petition could have been properly filed in either Brevard, Bay, or Liberty Counties. Having found that the Circuit Court had jurisdiction of Husband's petition, we nonetheless reverse and remand the order directing Wife to pay child support. According to section
61.30(2)(b) of the Child Support Guidelines, income will be imputed to an unemployed or underemployed parent "when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or othe...
...h. Second, since neither the order nor the hearing transcript gives any indication as to how the court decided that Wife should pay $180 per month in child support, it is impossible for this court to determine whether the child support guidelines of section 61.30 were properly applied....
CopyCited 4 times | Published | Supreme Court of Florida | 2011 Fla. LEXIS 3030, 2011 WL 5829543
...___________________________________________________________________________________ SECTION IV. CHILD SUPPORT [Choose all that apply] 1. ___ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...____ Monthly court-ordered child support actually paid for children from another relationship 25. Monthly court-ordered alimony actually paid (Add 25a and 25b) a. from this case: $ _____ b. from other case(s): _____ 26. $_____ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25)....
..._____ Monthly court-ordered child support actually paid for children from another relationship 25. _____ Monthly court-ordered alimony actually paid (Add 25a and 2 a. From this case:$________ b. From other case(s):_______ 26. $____ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25)....
...Where can I look for more information? Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. The words that are in "bold underline" in these instructions are defined there. For further information, see section 61.30, Florida Statutes....
...----------------------------------------------------| | 5. | | | | a. 100% of Monthly Child Care | | | | Costs | | | | [Child care costs should not exceed | | | | the level required to provide quality | | | | care from a licensed source. See | | | | section 61.30(7), Fla....
...Other payments/credits actually | | | | | made for any noncovered | | | | | medical, dental and prescription | | | | | medication expenses of the | | | | | child(ren) not ordered to be | | | | | separately paid on a percentage | | | | | basis. [See § 61.30 (8), Florida | | | | | Statutes] | | | | |-------------------------------------------|----------------|---------------|--------------| | 8....
...MOTHER | TOTAL | |------------------------------------------------|---------------------------|---------| | 14. | | | | a. Total Monthly Child Care Costs | | | | [Child care costs should not exceed the | | | | level required to provide quality care | | | | from a licensed source. See section | | | | 61.30(7), Fla....
...Other payments/credits actually | | | | | made for any noncovered | | | | | medical, dental and prescription | | | | | medication expenses of the | | | | | child(ren) not ordered to be | | | | | separately paid on a percentage | | | | | basis. [See Section 61.30 (8), | | | | | Florida Statutes] | | | | |------------------------------------------------|-------------|-------------| | | 17....
...__________________________________________________________________________________ SECTION IV. CHILD SUPPORT [Choose all that apply] 1. Respondent requests that the Court award child support as determined by Florida's child support *1151 guidelines, section 61.30, Florida Statutes....
...n) and has failed to do so. Based upon the time-sharing schedule, the Petitioner is entitled to child support. [Choose all that apply] 1. ___ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...orm. *1214 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (10/11) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
...The name change would be in the best interest of the child(ren) because: _______ ______________________________________________________________________________ SECTION III. CHILD SUPPORT [Choose as applicable] 1. ___ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...)._________________________ (6)._________________________ (6)._________________________ SECTION III. CHILD SUPPORT [Choose all that apply] 1. Respondent requests that the court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2002 WL 31525290
...There is no provision to calculate child support for some, but not all, of the parties' common children. The child support guidelines must be utilized when calculating child support in a modification proceeding or it is reversible error. Locke v. Locke-Mixon,
691 So.2d 649 (Fla. 3d DCA 1997). Furthermore, section
61.30 is premised on the concept that the amount of child support is a global issue, calculated on all the common dependent children of the parties, as well as both parents' incomes....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2008 WL 2167844
...Said amount is hereby established as the child support arrearage for the former wife. The former wife at all material times had the ability to at least earn minimum wage. The trial court may impute income to the payor spouse for purposes of determining whether retroactive child support is appropriate. See § 61.30(2)(b), Fla....
...Stebbins,
754 So.2d 903, 907 (Fla. 1st DCA 2000). As with an award of retroactive child support, the trial court's imputation of income is reviewed for abuse of discretion. Smith v. Smith,
872 So.2d 397, 398 (Fla. 1st DCA 2004). To impute income pursuant to section
61.30(2)(b), the trial court must find that "the parent owing a duty of support has the actual ability to earn more than he or she is currently earning, and that he or she is deliberately refusing to work at that higher capacity to avoid support obligations." Stebbins,
754 So.2d at 907; Smith,
872 So.2d at 398....
...of the $1,300 monthly support that was originally awarded to her based on the former husband's yearly income of $85,000. The court's calculation of child support must fail because the court either 1) completely ignored the child support guideline of section 61.30(9), Florida Statutes, which requires the court to determine the percentage share of child support by dividing the parent's net income by the combined income of both parents or 2) imputed to the former wife income equal to that of her former husband....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1996 WL 271566
...parties in assessing whether to award fees to the former wife. Rather, the trial court used a method of apportioning the attorney's fees in accordance with the same percentages of child support they were required to pay as per the final judgment and section 61.30, Florida Statutes (1991)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1262528
...The portions of the judgment dissolving the marriage and granting primary residence of the parties' child to the mother and visitation to the father are affirmed. Affirmed in part, vacated in part and remanded. NOTES [1] We do find that the husband is not entitled to a section 61.30(11)(b) credit because his counsel stipulated below that the agreed visitation amounted to less than the 146 overnights (40 percent) provided by the statute....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 523377
...Moreover, the trial court did not look to the child support guidelines in fashioning that amount. That was also an abuse of discretion. We do not, however, find that the trial court abused its discretion in refusing to impute income to the former wife on these facts. See § 61.30(2)(b), Fla.Stat....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1373764
...Harris,
760 So.2d 152, 153 (Fla. 2d DCA 2000); see also 26 U.S.C. §§ 151(c), 152(e)(2) (2004). "The court may order the primary residential parent to execute a waiver of the . . . exemption[s] if the noncustodial parent is current in support payments." §
61.30(11)(a)(8), Fla....
...Recognizing that the Husband shouldered most of the children's financial support responsibilities, the trial court awarded the exemptions to him. However, the Wife did not execute a waiver of exemptions. The trial court should have required such a waiver. See §
61.30(11)(a)(8); Robertson,
712 So.2d at 1141....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 6770, 2012 WL 1514444
...t failed to impute income to the former wife. The standard of review for a trial court’s decision of whether to impute income in determining a child support award is abuse of discretion. DeBacher v. DeBacher,
867 So.2d 404, 404 (Fla. 3d DCA 2003). Section
61.30(2)(b), Florida Statutes (2010), provides that “[mjonthly income shall be imputed to an ......
...ary and consequently insufficient to support a finding of substantial change in circumstances”). Accordingly, we must reverse on this point, and remand with instructions to impute to the former wife income consistent with the guidelines set out in section 61.30(2)(b)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 WL 449068
...It computed the amount of retroactive child support using the other worksheets. Turning first to the court's computation of Penalver's continuing child support obligation, we note that it correctly factored in his payments for his daughter's health insurance under section
61.30(8), Florida Statutes (2000). But it did not allow deductions for the cost of Penalver's own health insurance or for the California state income tax he paid. Child support in a paternity action is determined under section
61.30. §§
61.30(17);
742.031(1), Fla. Stat. (2000). Section
61.30(3) lists allowable deductions from gross income, which *565 include amounts paid for state income tax and health insurance, excluding coverage for the minor child. §
61.30(3)(a), (e)....
...A similar problem arose in the court's computation of the retroactive child support due. The child support worksheets prepared for the years 1995 through 1999, like the 2000 worksheet, did not show deductions from Penalver's gross income for his own health insurance and for state income taxes. § 61.30(3)(a), (e)....
...Because these amounts were undisputed, the court should deduct them from Penalver's gross income when calculating the amount of retroactive child support he owes. The 1995 through 1999 worksheets also did not include the amounts Penalver had paid for his daughter's health insurance in those years. § 61.30(8)....
...Penalver claimed to have paid $1570 in 1995, $921 in 1996, $756 in 1997, $730 in 1998, and $682 in 1999. Accordingly, we reverse the amount of retroactive child support awarded and remand with directions for the circuit court to determine what deductions should be allowed under section 61.30(3) and what amounts should be factored in under section 61.30(8)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1996 WL 134760
...The trial court did not impute income to the father. "Imputing" income is the court's making of a determination of what income a "voluntarily unemployed or underemployed" spouse would probably be earning if that spouse were employed to the best of his or her potential, as set forth in Section 61.30(2)(b), Florida Statutes (1995)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 782860
...Levine,
964 So.2d 741, 742 (Fla. 4th DCA 2007). We reverse and remand with directions that the trial court determine alimony without including the children's *1058 expenses. Child support must then be recalculated in light of the amended alimony amount. See §
61.30(2)(a)(9), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 3903, 2011 WL 1007377
...Following the entry of the final judgment, the Husband filed this appeal, raising numerous issues. The Husband contends that the trial court erred by adding $500 to his monthly gross income due to his use of the police vehicle. He is correct. In computing a parent's "gross income" for child support purposes, section 61.30(2)(a)(13), Florida Statutes (2009), provides that gross income includes "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses." (emphasis added)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 WL 429065
...On remand, the trial court should reconsider the amount of permanent alimony awarded to the wife taking into account the changes in the parties' financial circumstances as a result of our reversal in this case. The wife next contends that the trial court abused its discretion when it imputed income to her. Section 61.30(2)(b) provides that income "shall" be imputed to an unemployed parent if the trial court determines that the unemployment is voluntary....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1396040
...the support, we reverse. The trial court concluded that the Husband was not entitled to any offset in child support based on the amount of time he spent with the child. The Husband argues that he is entitled to an offset under the amended version of section 61.30, Florida Statutes, which became effective on October 1, 1999....
...0, was the correct law to be applied. Under the amended version of the statute, a trial court is required to vary the guideline amount if a child is required "to spend a substantial amount of time with the primary and secondary residential parents." § 61.30(1)(a), Fla....
...s, followed by the Husband having custody for five consecutive days, and for the child to spend one-half of the summer, approximately five weeks, with each parent. Thus, because this is essentially a rotating custody arrangement, in order to satisfy section 61.30, the formula for computing child support set out in Jones v....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 9624, 2013 WL 3014113
...We affirm the final judgment in all respects but two. First, we reverse the child support award and remand to the circuit court to take into consideration the economic effects of the father’s other two children and anticipated travel costs under subsections 61.30(1)(a) & (11)(a)11., Florida Statutes (2010). Subsection 61.30(l)(a) allows a court to vary a guideline amount of child support by “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” (Emphasis supplied). Subsection 61.30(11)(a)11....
...allows a judge to “adjust the total minimum child support award” based upon “a reasonable and necessary existing expense or debt” or any other “adjustment that is needed to achieve an equitable result.” See Hutslar v. Lappin,
652 So.2d 432, 434 (Fla. 1st DCA 1995) (construing section
61.30(11)(a)11....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2000 WL 763120
...Therefore, we affirm the award of attorney's fees. Child Support Finally, the husband was awarded primary residential custody but no child support. He claims error in the trial court's failure to impute income to the wife based on her alimony and disability income. See § 61.30(2)(a)4, 9, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2001 WL 640730
...As the record on appeal does not contain any evidence of abuse of the trial court's discretion, we affirm the determination that the appellant's net monthly income is $3,782.62. The appellee concedes that the trial court did err in failing to account for the alimony award in determining the child support award. Section 61.30(3)(g), Florida Statutes (1997), permits the appellant to make a deduction for alimony from his net income; conversely, the appellee adds alimony to her income, under section 61.30(2)(a)9, Florida Statutes (1997), for determining the child support guideline amount....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2006 WL 1835101
...s voluntarily unemployed or underemployed due to the pursuit of his or her own interests, or a less than diligent effort to find employment paying at a level equal to that formerly enjoyed. Andrews v. Andrews,
867 So.2d 476, 478 (Fla. 5th DCA 2004); §
61.30(2)(b), Fla. Stat. (2003). The amount imputed must be based upon the former spouse's recent work history and occupational qualifications, and the prevailing earnings level in the community. Andrews,
867 So.2d at 478; §
61.30(2)(b), Fla....
...See Hinton,
725 So.2d at 1157. Therefore, we reverse the trial court's imputation of income and remand for an evidentiary hearing to determine the proper amount of income to impute based upon the former wife's current occupational qualifications. See id.; §
61.30(2)(b), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2000 WL 889843
...In that case, the parents' incomes were much closer than the instant parties' incomes. See id. at 666. As "[t]he expense of transporting the minor child for visitation is a childrearing expense like any other," such expenses "should be shared by the parents in accordance with their financial means" according to section 61.30, Florida Statutes (1997)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21697052
...l bills, and personal living expenses should be imputed. In determining the parties' income levels under the child support guidelines, the court may consider "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses." § 61.30(2)(a)13, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1993 WL 274430
...the economic stress resulting from a work-related injury. Lee Eng'g & Constr. Co. v. Fellows,
209 So.2d 454 (Fla. 1968). Finally, a worker's compensation benefit is included within the definition of gross income for the calculation of child support. Section
61.30(2)(a)5, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1992 WL 164088
...week in child support retroactive to the date of the filing of the divorce petition on July 11, 1989. The imputation of a "minimum wage" was improper. To reach the parties' combined available monthly income, the trial court is empowered, pursuant to section 61.30(2)(b), Florida Statutes (1989), to attribute an amount of income to an unemployed or underemployed parent upon a finding that such status is voluntary. If voluntary, the court must then ascertain the parent's potential for employment and probable earning level in the community. § 61.30(2)(b), Fla....
...n of Nancy's child support obligation. Thus, we reverse the child support burden imposed upon Nancy and remand for further proceedings in which the appropriate amount of such support, if based upon imputed income, conforms to the statutory elements. § 61.30(2)(b), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2001 WL 6183
...effective. [1] The 1996 amended guidelines required that, for the purpose of calculating child support, the wife's alimony should be included in her income and that the husband's gross income should be reduced by his alimony obligation to the wife. § 61.30(2)(a)9., (3)(g), Fla.Stat....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1999 WL 9791
...the former husband as additional beneficiaries for child support. The former husband also filed a motion for rehearing wherein he complained that the court's equitable distribution award left him with no available marital assets contrary to sections 61.30(11)(h), (j), Florida Statutes (1995), and that the child support trust made no provisions for his five children with Linda Turner....
...Runnels,
448 So.2d 530, 531 (Fla. 5th DCA 1984); Coleman v. Mackey,
424 So.2d 170, 171 (Fla. 3d DCA 1983) (citing State Dep't of HRS v. West,
378 So.2d 1220 (Fla.1979)); Shinall v. Pergeorelis,
325 So.2d 431, 435 (Fla. 1st DCA 1975). Second, the provisions of section
61.30(1)(a), Florida Statutes (1995), [4] are broad enough to allow the trial court to deviate from the support guidelines, based upon considerations such as support obligations from other marriages or relationships....
...t of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate." § 61.30 Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 44716
...Both parties acknowledge that this tithing was money committed to their church and was never available for family consumption; for these reasons, the court would consider both parties' tithing as a deduction from their gross income for purposes of calculating child support, as authorized by section 61.30, Florida Statutes (1991). The language of 61.30(3) [1] was intended to permit only those items listed in *488 the statute as deductions from gross income....
...ting child support. Accordingly, we reverse that portion of the final judgement of dissolution of marriage which provides for the deduction for tithing. In all other respects, the judgment is affirmed. JOANOS and VAN NORTWICK, JJ., concur. NOTES [1] § 61.30, Child support guidelines (3) Allowable deductions from gross income shall include: (a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2007 WL 283036
...ony of $1,000 per month for twelve months and child support in the amount of $2,400 per month. The marital settlement agreement further provided: Notwithstanding the above, the parties agree that the child support shall be recalculated pursuant to F.S. 61.30 effective upon the expiration of alimony as contained herein....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1800, 2010 WL 569849
...e husband's annual bonus income in its calculation of the husband's income for purposes of alimony and child support. Because we agree that the trial court erred in not taking the husband's bonuses into account in determining his income, we reverse. Section
61.30(2), Florida Statutes (2007), requires trial courts to consider bonuses in calculating a spouse's income for purposes of child support, and section
61.08(2)(g) requires trial courts to consider "[a]ll sources of income available to either party" in computing an award of alimony....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2004 WL 305730
...This means that the parties' marital settlement agreement is controlling for the time period prior to the effective date of the modification. [2] III. We affirm the modification order. Modification was granted effective as of the date of filing the petition, which was August 16, 1999. Paragraph 61.30(1)(b), Florida Statutes (1999), provides: (b) The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted....
...irm profits to buy additional stock in the professional association. The husband argues that the $25,000 annual amount should be treated as a business expense under the child support guidelines and should not be included in his available income. See § 61.30(2)(a)3., Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 846072
...The court may order payment of child support in an amount that varies more than five percent from the guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate. See § 61.30(1)(a), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20898, 2011 WL 6851182
...onth. The trial court's modification order erred in the calculation of the new child support amount by offsetting the Child Support Guidelines amount by the adoption subsidy received by the former wife for the support and maintenance of the child. §§
61.30 &
409.166, Fla....
...No abuse of discretion occurred in these rulings. However, the amount of the upward modification calculated by the trial court was erroneous and must be reversed. The trial court's calculation of the new child support amount used the parties' net incomes to arrive at the guidelines amount set by section 61.30, Florida Statutes....
...d support obligation under the guidelines, is inconsistent with the supplementary purpose of the subsidy, removes the benefit intended for the special needs child, and reduces, rather than maintains, the resources intended to meet the child's needs. Section 61.30, Florida Statutes, provides the trial court with discretion to consider many factors in adjusting a total minimum child support award to achieve an equitable result. § 61.30(11)(a), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1999 WL 1260013
...Greenberg and Diane H. Tutt, P.A., Plantation, for Appellee. JOANOS, J. This appeal concerns the trial court's denial of appellant's request for reconsideration of the amount of past child support owed by him. The issue is whether the July 1, 1998, amendment to section 61.30(17), Florida Statutes, is remedial and thus not within the general rule against retrospective operation of statutes....
...he support order and past child support order should be modified to reflect that deductions from appellant's earnings should not exceed fifty-five percent of his disposable earnings, rather than the sixty-five percent then reflected; and (2) whether section 61.30(17), Florida Statutes, which limits retroactive child support to the 24-month period preceding the filing of a petition, is applicable to this case....
...duct more than fifty-five percent (55%) of the disposable earnings of the Defendant or of any bonus or other lump sum payment due the Defendant. B. The Court finds that, based on the Petition in this matter being filed prior to the effective date of Section 61.30(17), Florida Statutes (1998), July 1, 1998, as well as the minor child being born prior to the effective date, Section 61.30(17) as amended does not apply to these proceedings and the Defendant's request for a reconsideration of the amount of past support determined to be owed by him is denied. The statute applicable, 61.30(17), Florida Statutes, provides in pertinent part: (17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to aware...
...t divine intent that new law be applied to disturb existing duties when there is no express indication that such is legislature's intent). Accord Heberle v. P.R.O. Liquidating Company,
186 So.2d 280, 282 (Fla. 1st DCA 1966). Because the amendment to section
61.30(17) limits a child's right to past parental support, the amendment is primarily substantive in nature and thus may not receive retroactive application....
...tent and scope of a parent's obligation to pay child support past the child's eighteenth birthday. Unlike Klauder, this case concerns a parent's obligation for past support, which obligation existed well before the effective date of the amendment to section 61.30(17), Florida Statutes....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 1243870
...See Mason v. Reiter,
564 So.2d 142 (Fla. 3d DCA 1990); Watkins v. Jackson,
487 So.2d 99 (Fla. 4th DCA 1986); Coleman v. Mackey,
424 So.2d 170 (Fla. 3d DCA 1983); McQueen v. Stratton,
389 So.2d 1190 (Fla. 2d DCA 1980). Recently, the legislature has added section
61.30(17), Florida Statutes (1997), regarding retroactive child support....
...oncustodial parent. Filling a similar role is section
61.13(1)(a), which authorizes the judge in a dissolution of marriage case to "order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in s.
61.30." For parents who have never married, the legislature has given us chapter 742....
...to determine the paternity of the child when paternity has not been established by law or otherwise." [e.s.] Section
742.031(1) adds that "[t]he court shall order either or both parents owing a duty of support to the child to pay support pursuant to s.
61.30." [e.s.] Thus whether children are born in or out of marriage, section
61.30 has previously been made available as a statutory means of enforcing duties of child support....
...t in substitution for any other remedies."). Recently, the legislature enacted a provision that the majority holds is inapplicable to the present dispute, apparently because the parties concede that it is too new to govern the outcome of their case. Section 61.30(17) newly states in part that: "In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support re...
...The singular importance of the right of minor children to support thus being what it is, and recognizing that legitimate claims may be foregone or scarce resources wasted in finding out whether a statute relating to such support is immediately effective, I should proceed in spite of the concession to ascertain whether section 61.30(17) might nonetheless be applicable in some way to claims for retroactive support accruing prior to its passage. All statutes have some specific goal or aim. I take the concession of the parties in this case to arise from a belief that section 61.30(17) is in effect both a newly created entitlement to retroactive support and a new limitation as to how far back it may reach....
...rate retrospectively). Here the legislature's only statement is that the statute became effective on July 1, 1997. [5] Quite apart from when the statute is to be applied, I do not think the legislature has at all created any new rights to support in section 61.30(17); instead it has merely sought to narrow the field in which an old entitlement can operate....
...It follows that the statutory remedies to quantify the amounts owed by noncustodial parents to custodial parents for the expenses they have advanced do not displace any common law or statutory rights of children to recover support accruing during their minority. Read in that light, section 61.30(17) is hardly the establishment of a new right to support, retroactive or otherwise....
...3d DCA 1990) (trial court abused its discretion in denying mother's claim for retroactive support); Girten v. Andreu,
698 So.2d 886, 888 (Fla. 3d DCA 1997) (child's needs begin at birth, and trial court abused its discretion in denying claim for retroactive support). Moreover, before section
61.30(17) was adopted, the right of these children to retroactive child support was limited only by the general statute of limitations....
...sting right to seek retroactive child support within that general limitations period of four years. And equally clearly, because the right to four years of retroactive unpaid support had already accrued, the legislature could notsimply by enacting section 61.30(17)lessen the amount of support that had already vested as a result of the lapse of the limitations period, when section 61.30(17) was adopted....
...1st DCA 1978), cert. denied,
378 So.2d 348 (Fla.1979) (party has right to have statute of limitations period vested once it has completely run and barred a claim). That means that these children had a right, which predates the recent legislative enactment of section
61.30(17), to recover retroactive support from their parents, limited only by the period of the applicable statute of limitations....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1995 WL 749630
...The wife's employment situation is pertinent to the issue of child support as well. As the wife had been actively endeavoring to secure a job, she was not voluntarily unemployed. Income should be imputed to a spouse only if that spouse's unemployment is voluntary. § 61.30, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 1589218
...In determining the amount of income to impute to a party the court does not necessarily have to impute the amount of income the party would earn by his or her best efforts to gain employment equal to the parties' capabilities. Normally, according to the plain language of section 61.30(2)(b), Florida Statutes, the only finding required for imputation of income would be a finding that the parent is voluntarily unemployed or underemployed....
...husband. Pursuant to section
61.13(1)(a), Florida Statutes, in a proceeding for dissolution of marriage, the court may at any time order either or both parents who owe a duty of support to a child to pay support in accordance with the guidelines in section
61.30. While it is arguable that Overbey is limited to modification of child support *747 situations, the better position is that the lower court should not apply section
61.30(2)(b) at all in an initial determination of child support if it determines that a party's reduction in income due to educational pursuits will ultimately benefit the minor children of the marriage. In any event, section
61.30(11)(a)(11) permits the court to adjust minimum child support awards of either or both parents if needed "to achieve an equitable result." Accordingly, we reverse and remand with instructions to the trial court to determine whether the wife's educational pursuits are in the best interest of the three minor children....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 10977, 2009 WL 2407680
...4th DCA 2008); Ondrejack v. Ondrejack,
839 So.2d 867, 871-72 (Fla. 4th DCA 2003); Esfahani v. Esfahani,
676 So.2d 527 (Fla. 4th DCA 1996). In making an award of child support, the trial court is required to determine the net income of each parent pursuant to section
61.30, and to include findings in the final judgment. See Deoca v. Deoca,
837 So.2d 1137, 1138 (Fla. 5th DCA 2003); §
61.30(2) (includable income), (3) (allowable deductions), (4)-(6) (determination of net income), Fla....
...The trial court failed to do so in this case, requiring us to reverse the child support award and remand for further proceedings. In reversing and remanding to the lower court, we also note that health insurance is an aspect of child support, and pursuant to section 61.30(1)(b), each order for child support "shall" contain a provision for health insurance coverage for the minor child, when that coverage is reasonably available....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1995 WL 244194
...The trial judge made no findings to justify a child support award below the guidelines amount. The former husband's amended financial affidavit dated May 1993 reflects net income of $2,483.44; the former wife's affidavit dated April 1993, $1,213.00. Pursuant to section 61.30, Florida Statutes (1993), the child support guidelines yield a presumptive payment of $1,208.00 for a combined net income of $3,700.00. The actual combined net income figure here is $3,696.44. The former husband's share of that guidelines amount is $811.78. Of course, the cost of child care must be added to the total minimum guidelines amount pursuant to section 61.30(7). The former wife's child support guidelines worksheet shows a total child care cost of $404.00. The trial judge impermissibly departed from the presumptive child support guidelines amount without making the requisite findings required by section 61.30(1)(a)....
...of Health and Rehabilitative Services v. Massey,
568 So.2d 1343 (Fla. 5th DCA 1990). The court may, within its discretion, depart from the guidelines only by making a specific finding explaining why the guidelines amount would be unjust or inappropriate. §
61.30(1)(a), Fla....
..., based upon the particular shared parental arrangement such as where the children spend a substantial amount of their time with the secondary residential parent thereby reducing the financial expenditures incurred by the primary residential parent. § 61.30(11)(g), Fla....
...idelines amount. The former husband concedes error in the trial court's order which allowed him to claim the children as dependents on his federal income tax return without conditioning such right on his being current in his support obligations. See § 61.30(11)(i), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 186834
...In this paternity action the trial court concluded that the father had greater earnings than he was admitting. The court awarded guideline support based on the higher amount, and the father appeals arguing that the court failed to make findings of fact required for "imputed" income. Under section 61.30(2)(b), Florida Statutes (1995), in order to "impute" income to a parent, the trial court must find that the parent is voluntarily unemployed or underemployed....
...However, the court did not find that the appellant was unemployed or underemployed, but rather that his earnings were greater than he represented them to be. As the third district explained in Silberman v. Silberman,
670 So.2d 1109 (Fla. 3d DCA 1996) this is not imputing income under section
61.30(2)(b), but is simply making a factual determination of the parent's actual income under section
61.30(2)(a). Although section
61.30(2)(a) does not require trial courts to make specific findings, other than the amount of net income attributable to each parent, an explanation does facilitate appellate review....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 187467
...1st DCA 1996); Wood v. Wood,
632 So.2d 720, 721 (Fla. 1st DCA 1994). Moreover, in making the child support award, it appears that the court imputed income to the husband. Any such imputation of income must be supported with the appropriate findings required by section
61.30, Florida Statutes....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 5281, 2010 WL 1560913
...If there is a large accumulated child support debt they cannot get a license. This situation is to be avoided if possible." The principal issue here is whether a trial court can properly decline to set a specific amount of child support due from an incarcerated parent without current income or assets while imprisoned. Section 61.30(2)(b) [1] governs the imputation of income for purposes of child support: "Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found by the court to be voluntary...
...rages according to his earning ability, setting a payment plan. On remand the trial court shall recalculate child support to reflect the father's obligation for support by imputing income. Reversed. HAZOURI and DAMOORGIAN, JJ., concur. NOTES [1] See § 61.30(2)(b), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 227366
...d on that amount. However, the contempt order on child support contains none of the required findings, including no calculations as to how the trial court arrived at this amount, and no fact findings as to the parties' respective incomes pursuant to section 61.30, the child support guidelines. Under the guidelines, income must be computed considering various factors, including any spousal support received. § 61.30(2). Adjustments to income are also made for tax deductions, health insurance payments and spousal support payments paid by that party. § 61.30(3)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2006 WL 1006876
...probable earnings based on history, qualifications, and prevailing wages. Konsoulas v. Konsoulas,
904 So.2d 440, 443 (Fla. 4th DCA 2005). It is error to rely on outdated income figures when determining what level of income to impute to a parent. See §
61.30(2)(b), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2398538
...mony. Mr. Martinez concedes that this calculation is erroneous. On remand, the couple's respective child support obligations must be recalculated to reflect the amount her income will be reduced by federal income taxes paid on the alimony award. See §
61.30(3)(a), Fla. Stat. (2003); Weiser v. Weiser,
782 So.2d 986 (Fla. 4th DCA 2001). Ms. Martinez also argues that the trial court erred in requiring the couple to equally share the child's uncovered medical expenses. Section
61.30(8), Florida Statutes (2003), provides that the court shall add uncovered medical expenses to the basic child support obligation unless these expenses "have been ordered to be separately paid on a percentage basis." The record reflects that these expenses were not included in the basic child support amount....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 587863
...in Florida which was in July 1994. The court denied the former wife's motion for relief, based in part on the fact that the former husband had subsequent children to care for. [2] Health-insurance payments are dealt with in two separate portions of section 61.30, Florida Statutes. In computing income available for child support, a party is allowed to deduct "[h]ealth insurance payments, excluding payments for coverage of the minor child. " § 61.30(3)(e), Fla.Stat. (emphasis added). Payments made on behalf of the minor child, however, may be utilized as a credit against the support obligation pursuant to *1121 section 61.30(8), Florida Statutes....
...ild-support obligations. Giving the husband credit for this amount in two separate calculations constituted error. The trial court also erred in its consideration of the subsequently born children in this proceeding concerning downward modification. Section 61.30(12), Florida Statutes, prescribes to what extent subsequently born children may be considered in child-support proceedings....
...ther or not there is a basis for deviation from the guideline amount. The issue of subsequent children may only be raised in a proceeding for upward modification of an existing award and may not be applied to justify a decrease in an existing award. § 61.30(12), Fla.Stat....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 WL 817884
...ld support. Wilfred sought rehearing on the trial court's written order. After a hearing on that motion, the trial court affirmed its order in all respects save onethe date from which the child support award could be made retroactive. Finding that section 61.30(17), Florida Statutes (1997), did not apply to the post-dissolution proceeding before her, the judge ruled that the child support award could be made retroactive only to the date of the filing of the URESA petition, February 1995, not the date that Wilfred left the family, June 1993....
...We agree that the trial judge failed to make sufficient findings pointing to record evidence for her determination of Wilfred's monthly child support obligation. "Imputation of income" occurs when the trial court finds that a parent is voluntarily underemployed or unemployed. See § 61.30(2)(b), Fla....
...While the issue raised by Wilfred in his cross-appeal determines the disposition of this case, we also write to address the issue raised by Deborah's appeal since it will again be presented on remand. Deborah argues that the trial court erred in interpreting section 61.30(17), Florida Statutes (1997), so as to only require an award of retroactive child support back to the date she filed the URESA petition....
...On rehearing, the trial judge held that child support could not be awarded retroactive to the date that the parties no longer resided in the same household because the statute did not apply to the proceeding before her. In particular, relying upon the language of section 61.30(17), the trial judge noted that the action was neither "a paternity action, dissolution of marriage action, or petition for support during the marriage." However, we find that the language of the subsection indicates an all encompassing...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 WL 152193
...t $250 per month. On September 17, 1989, the wife again petitioned for modification. The petition sought a change of Jason's residence back to the wife and a determination of child support for Jody and Jason pursuant to the child support guidelines. § 61.30 Fla....
...This case, without a transcript of the hearing and without an adequate stipulated statement of facts, falls clearly within that category of "situations" wherein the trial court must provide the basis for its ruling in its order. Reversed and remanded. SCHOONOVER, C.J., and PARKER, J., concur. NOTES [1] The amendments to section 61.30, Florida Statutes (1987), effective October 1, 1989, do not apply to a petition to modify filed before the effective date....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2013 WL 5576097, 2013 Fla. App. LEXIS 16223
VILLANTI, Judge. The father, B.K., seeks review of the final judgment of paternity as to the minor child, K.B.K. He specifically challenges the circuit court’s imputation of income to him under section 61.30(2)(b), Florida Statutes (2012), and calculation of child support arrearage....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...1st DCA 2009)
(citing Overbey v. Overbey,
698 So. 2d 811, 813 (Fla. 1997)). Under the statute, this
means that Mr. Brown would have to show a difference between his existing
monthly obligation and the amount provided under the guidelines of at least 15%.
§
61.30(1)(b), Fla....
...his grocery and big-box store receipts to be half personal and half business expenses.
But Mr. Brown and his bookkeeper testified that other expenses were straight
business expenses, or “ordinary and necessary expenses required to produce
income.” § 61.30(2)(a)(3), Fla....
...2010, and 2012 (2011 was not addressed at the hearing), including $99,000 in 2012,
the year the trial court used in calculating Mr. Brown’s income. The order provides
no rationale for disregarding Ms. Brown’s secondary income from the child support
calculation. See § 61.30(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 17634, 2010 WL 4628581
...Again, the impact of these deductions is considered “canceled out” by the rotating nature of the benefit. The Husband asserts that the circuit court erred in alternating the federal dependency exemption for the child between the parties because section 61.30(ll)(a)(8), Florida Statutes (2008), does not permit the circuit court to allocate the exemption directly but only authorizes it to require the custodial parent to execute a waiver transferring the exemption to the noncustodial parent....
...ion between the parties “as a matter of parity” instead of considering the impact of the benefit of the exemption to each respective parent. The Wife agrees, conceding that the circuit erred in ruling on an issue that was not presented at trial. Section 61.30(ll)(a)(8) provides: [A circuit] court may adjust the total minimum child support award, or either or both parents’ share of the total minimum child support award, based upon....: [[Image here]] 8....
...ating years. See Salazar v. Salazar,
976 So.2d 1155, 1158 (Fla. 4th DCA 2008). *259 We disagree with the parties’ position that the circuit court erred in allocating the dependency exemption on the ground that the issue was not presented at trial. Section
61.30(ll)(a)(8) authorized the circuit court to consider the impact of the dependency exemption in determining the child support award....
...But the circuit court erred in implementing its intent that the parties share in the exemption by failing to direct the Husband to execute a waiver of the exemption in favor of the Wife in alternating years, contingent upon her payment of child support. See §
61.30(11)(a)(8); Salazar,
976 So.2d at 1158 ....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 710302
...*1123 Mel Pearlman of Mel Pearlman, P.A., Fern Park, for Appellee/Cross-Appellant. PETERSON, Judge. The former husband, Henry F. Pohlmann, III, appeals a final judgment denying modification of his child support obligations. He contends that the trial court erred by finding subsection 61.30(12), Florida Statutes (1995), constitutional, and by finding an absence of substantial change in circumstances that prevented a downward modification of child support....
...Additionally, the former husband's summer visitation was increased from two weeks to six weeks. Finally, the former wife was awarded attorney's fees of $7,001.50, which represented only one half of the amount incurred. We first address the former husband's argument that subsection 61.30(12) is unconstitutional. The subsection provides: 61.30 Child support guidelines. * * * * * * (12) A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose....
...a basis for deviation from the guideline amount. The issue of subsequent children may only be raised in a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award. (Emphasis added). Section 61.30(12) prescribes a preference for a child under the protection of an existing child support order over any later born children of the payor parent....
...ility to pay only in a proceeding for an upward modification of an existing award. See Robinson v. Robinson,
657 So.2d 958 (Fla. 1st DCA 1995); Barrs v. Barrs,
590 So.2d 980 (Fla. 1st DCA 1991). The former husband contends that the distinction in subsection
61.30(12), between earlier and later born children unconstitutionally denies equal protection of the law to both parents of subsequent born children and to the subsequent children....
...City of Miami,
52 F.3d 918 (1995); Pinillos v. Cedars of Lebanon Hospital Corp.,
403 So.2d 365 (Fla.1981); In re Greenberg's Estate,
390 So.2d 40 (Fla.1980), dism'd.,
450 U.S. 961,
101 S.Ct. 1475,
67 L.Ed.2d 610 (1981). Contrary to the former husband's contention, we find that subsection
61.30(12) furthers a legitimate state interest and affirm the trial court's finding of constitutionality....
...t. A noncustodial parent who elects to become responsible for supporting the children of a second marriage does so with the knowledge of a continuing responsibility to the children of the first marriage." Id.; see also Robinson at 960 (in construing § 61.30(12), court opined that It would appear that there was a legislative recognition that parties should be aware of their support obligation to existing children, and should take that into account prior to assuming further obligations)....
...rangement regarding payment of medical expenses not covered by insurance. The former husband, however, may be due some relief in his support obligation based on the fact that the trial court increased his summer visitation from two to six weeks. See § 61.30(11)(g), Fla....
...HARRIS, Judge, dissenting. The issue in this case, quite simply, is whether it is a "legitimate government interest" for the State, through its legislative process, to prefer certain children over others. Because I believe that it is not, I would hold § 61.30(12), Florida Statutes, unconstitutional under the provisions of Article I, § 2, of the Florida Constitution....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 61944
...Russell Healey, Jacksonville, for appellee. ERVIN, Judge. Patricia Lee Mulford appeals an order modifying an award of child support, which directed her and her former husband, L. Patrick Sullivan, to each pay half of the child support the trial court determined was required by Section 61.30, Florida Statutes (1987), and half of Mulford's attorney's fees....
...rned an average monthly income of $50 for working one day per month as a substitute teacher. Upon calculating the parties' combined total net monthly income of $3,671.00, the court concluded, based upon the minimum recommended guidelines provided in section 61.30(6), that Mulford and Sullivan should each pay half of $1,147.00 per month for the support of the two minor children during the period from February 1989 through September 1989 (the month in which William reached his majority), and half of $738.00 thereafter for the support of Michael....
...The trial court's order was in error, in that it failed to apportion correctly each parent's responsibility pursuant to the guidelines. In allocating responsibility for child support, the guidelines require the court to divide "each parent's net income by the combined net income." § 61.30(8), Fla....
...often. The lower court therefore erred in directing the former wife to contribute an amount equal to that of her former husband for the children's support. In addition to the above error, the lower court incorrectly calculated Sullivan's net income. Section 61.30(3), which enumerates the allowable deductions from gross income, permits a deduction for mandatory retirement payments....
...nt plan which he explicitly characterized as voluntary. We therefore reverse the order of modification and direct the lower court to apportion, consistent with the evidence presented, each parent's responsibility to provide child support pursuant to section 61.30(8). [1] This shall be based upon Sullivan's gross income minus the deductions specifically enumerated in section 61.30(3), combined with Mulford's income of $50.00 per month....
...We reverse the order and remand the case to the trial court for it to determine *1367 the parties' responsibilities for child support, attorney's fees, and costs in a manner consistent with this opinion. SHIVERS, C.J., and BOOTH, J., concur. NOTES [1] The trial court does have discretion under section 61.30(10) to adjust the parties' obligations, if necessary....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...On March 28, 1995, DOR filed the results in this case showing a probability of paternity of 99.96%. Benardo disputed the results. Pursuant to section
742.031, Florida Statutes, which provides that "[t]he court shall issue, upon motion by a party, a temporary order requiring the provision of child support pursuant to section
61.30 pending an administrative or judicial determination of parentage, if there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence," DOR sought to establish temporary support for the mother....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2002 WL 1085962
...Instead of voluntarily becoming underemployed, Margarita sought and obtained full-time employment. Margarita's present employment comports with her "recent work history; occupational qualifications, and the prevailing earnings level in the community." § 61.30(2)(b), Fla....
...Hackmyer testified about the need for teachers in Marion County and the pay scale and benefits for teachers in his system. He testified that Margarita could get a temporary teacher's certificate and obtain a permanent certificate within a year, after taking additional classes. [3] Section 61.30(2)(b) provides: (b) Income ......
...ent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child. § 61.30(2)(b), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2004 WL 1161717
...We reverse solely on the issue of the trial court's imputation of income to the former wife. We affirm in all other respects. A court's imputation of income must be supported by competent substantial evidence. Artuso v. Dick,
843 So.2d 942 (Fla. 4th DCA 2003). Pursuant to section
61.30(2)(b), Florida Statutes (2003), *1231 [i]ncome on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 293680
...In fact, the record indicates that the child's needs and the mother's relatively strained financial circumstances, coupled with the father's demonstrated ability to pay support (and willingness to do so), mandate a more generous retroactive award. See § 61.30, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1996 WL 98870
...ort. The lower court found that Mr. Whitcomb's involuntary lay-off from his employment and his inability to find comparable work constituted a substantial change in circumstances that permitted modification of the marital settlement agreement. Under section 61.30(13), Florida Statutes (1993), a court may, if a parent's recurring income is not sufficient to meet the needs of the child, order that child support be paid from assets....
...The court merely stated that its award of exclusive *311 possession effectively eliminated the husband's right to immediately receive his share of the proceeds from a sale of the home. [1] We cannot tell from this record whether the court has departed from the child support guidelines or not. See § 61.30(1)(a), Fla.Stat....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1994 WL 64935
...Before the court may impose financial obligations upon a spouse, it must determine that he or she has the ability to pay the obligations imposed. Id. at 1013. Further, any departure from the child support guidelines or any attempt to impute income must be supported by appropriate findings, as specifically required by section 61.30, Fla....
...Specifically, the former husband was ordered to pay an amount totaling $1,584 per month, while the evidence indicated his net income was only $1,408 per month. The trial court never determined whether the former husband had the ability to pay this amount. Nor did the trial court make any findings as required by section 61.30, Florida Statutes, for departing from the guidelines amount or for imputing income to the former husband....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1999 WL 105217
...Sonja Livingston Gomez appeals the final judgment dissolving her marriage to Rolando R. Gomez insofar as it orders that she pay him child support when he takes the parties' three minor children for the summer. We agree with Ms. Gomez's contention that the judgment runs afoul of section 61.30(1)(a) and (11)(g), Florida Statutes (1997), in reversing the flow of child support during summer visitation without explanatory findings....
...Gomez, who can apparently forgo summer visitation, if financial or other circumstances dictate, Ms. Gomez is obliged to maintain a residence suitable for herself and three children. Presumably because of the primary residential parent's ongoing financial obligations, the guidelines, specifically section 61.30(11)(g), Florida Statutes (1997), limit reductions in child support while children are living with the noncustodial parent to 50 percent of the normal guideline amount: The court may adjust the minimum child support award, or either or b...
...ng services. If a child has visitation with a noncustodial parent for more than 28 consecutive days the court may reduce the amount of support paid to the custodial parent during the time of visitation not to exceed 50 percent of the amount awarded. § 61.30(11), Fla....
...The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate. § 61.30(1)(a), Fla. Stat. (1997). On remand, the trial court should adhere to the guidelines, including section 61.30(11)(g), Florida Statutes (1997), or enter "an amended order which states findings explaining the reasons for departure from the guidelines." Touchstone v....
CopyCited 3 times | Published | Supreme Court of Florida
...______________________________ ___________________________________________________________ SECTION IV. CHILD SUPPORT [all that apply] 1. ____ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
..._ 2. The parties shall have time-sharing and parental responsibility in accordance with the Parenting Plan attached as Exhibit ______. SECTION IV. CHILD SUPPORT 1. () Mother () Father will pay child support, under Florida's child support guidelines, section 61.30, Florida Statutes, to the primary residential or sole parent named above....
...___________________________________________________________________________________ SECTION IV. CHILD SUPPORT [✓ all that apply] 1. ___ Respondent requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...r minor child(ren) and has failed to do so. Based upon the time-schedule, the Petition is entitled to child support. [all that apply] 1. ____ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...__________ INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (03/09) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
...____________________________________ (6). _____________________________________ (6). ____________________________________ SECTION III. CHILD SUPPORT [all that apply] 1. ____ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...____________________________________ (6). ____________________________________ (6). ____________________________________ SECTION III. CHILD SUPPORT [all that apply] 1. ___ Respondent requests that the court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
CopyCited 3 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 298, 2009 Fla. LEXIS 785, 2009 WL 775400
...age here]] INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (03/09) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 116297
...Kronstadt's opinion as to the amount of appellant's net income and then simply added this sum to the amount of income it imputed based on appellant's lifestyle. We find merit in appellant's argument that the trial court failed to make findings that would support its decision to impute income. Section 61.30(2)(b), Florida Statutes (1995), provides: Income shall be imputed to an unemployed or underemployed parent when such unemployment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
...The trial court erred when it imputed income to appellant without evidence that would satisfy the elements required by the statute. Finally, the child support guidelines presumptively establish the amount of child support the finder of fact shall award based upon the recurring income of the parents. Fla. Stat. § 61.30(1)(a). Florida Statute section 61.30(13) provides: "If the recurring income is not sufficient to meet the needs of the child, the court may order child support to be paid from nonrecurring income or assets." However, before the court may order support from a nonrecurring i...
...ts of both parties. Eiler,
695 So.2d at 871. Here, the trial court awarded an amount which, based on the evidence, will require appellant to invade his assets. The trial court made this award without considering the needs of the child as required in section
61.30(13), Florida Statutes....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 31835
...87-95, §§ 3, 25, Laws of Fla. That contention is misplaced. The child support guidelines are expressly applicable "in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter." § 61.30, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1990 WL 74059
...[2] He has remarried and his second wife earns a gross salary of $35,000 per year. With both incomes available to Bruce's household (over $8,100 gross dollars per month), they are in considerably better financial shape than Susan. Further, sections 61.30(10)(c), (d), (g), (h), and (i) provide that the court may adjust child support awards based on the following considerations: (1) the payment of child and spousal support, or support payments to a parent which have been regularly paid and for wh...
...tributable to Susan and Bruce's children. His financial affidavit also excluded any sums contributed by his second wife's income. Surely some of her income should be fairly allocable for her support and the support of her own children. [3] NOTES [1] § 61.30(1)(b)2, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 331443
...d alimony obligations might be secured. Considering the financial obligations imposed upon the former husband, we do not believe that it was an abuse of discretion to permit him to claim the parties' child as a dependent for income tax purposes. See § 61.30(11)(i), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 WL 414973
...ollar credit against his child support obligation for the social security payment to the child. We note that the husband's disability income is not reduced as a result of the social security payment to the child. In reaching our decision, we rely on section 61.30(11)(b), Florida Statutes (1997), which provides that a court may adjust the minimum child support award based upon a consideration of the "[i]ndependent income of the child, not to include moneys received by a child from supplemental security income. " (Emphasis added) Although not argued here, this provision dictates that the social security disability benefits received by the child should not be factored into the child support order that would otherwise comply with section 61.30....
...ations. However, the issue of whether to increase the husband's obligation is not before us. We recognize that this result conflicts with that in Williams v. Williams,
560 So.2d 308, 310 n. 4 (Fla. 1st DCA 1990). In Williams, the First DCA relied on section
61.30(2)(a)8, Florida Statutes (1987) to conclude that social security benefits received as a result of the husband's disability should be included when calculating the family gross income and then credited against the disabled parent's support obligation. We note, however, that section
61.30(11)(b) did not contain the restriction "not to include moneys received by a child from supplemental security income" at the time of the Williams decision....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1997 WL 336592
...The subject of child support is not mentioned in the final judgment and the mother asserts she is entitled to such support from the father, notwithstanding the rotating custody arrangement. We agree that support needs to be considered by the trial court and section 61.30(1)(a), Florida Statutes (1995), requires a written finding. Rotating custody is contemplated in the guidelines in section 61.30(11)(g) and we remand to determine whether an award is appropriate, and if so, the amount....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 332372
...The guidelines indicated appellee's presumptive obligation was $410 per month. The trial court found that the guidelines did not apply in this case, and ordered appellee to pay $250 per month in child support. The guidelines apply to petitions for modification of child support. See § 61.30(1)(a), Fla....
...See also Pitts v. Pitts,
626 So.2d 278 (Fla. 1st DCA 1993). While we believe the trial court, in determining whether payment of the guideline amount would be unjust or inappropriate, may consider appellee's apparent need to replace his prosthesis, see §
61.30(11)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 8239, 2010 WL 2330252
...In determining the Husband's child support obligations on remand, the trial court must take into consideration his actual overtime pay and any actual income earned from part-time employment at secondary jobs, as well as any child support payments that he actually made. See § 61.30(2)(a), (17); Mitchell v....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2119040
...On the other hand, based on the figures contained in the final judgment, after receiving the court-ordered child support and arrearage, the Mother would have $3,971 per month to support herself, the parties' child, and another child. [3] The child support guidelines do not directly address the current situation. Section 61.30(3)(f), Florida Statutes (2006), allows a deduction from gross income for "[c]ourt-ordered support for other children which is actually paid." In the instant case, section 61.30(3)(f) is inapplicable because the Father does not pay "court-ordered" support as his three other children reside with him. Although the Father is not entitled to a deduction from gross income for the support he provides to his three other children, section 61.30(11)(a)(11), Florida Statutes (2006), allows a court to "adjust the minimum child support award, or either or both parents' share of the minimum child support award ....
...2d DCA 2005)("While the *960 obligation to support children not subject to any prior support action is not an allowable deduction from gross income, in some circumstances it is a matter that can be considered as grounds for a deviation under other provisions of section 61.30.")(citing Hutslar v....
...n determining the amount she could pay for support of her two later-born sons.") [5] ; Hutslar v. Lappin,
652 So.2d 432, 434 (Fla. 1st DCA 1995)(holding that parent's obligation of support for "other children is a matter that can be considered under section
61.30(11)(k)" and finding that the trial court abused its discretion by failing to consider other children when determining child support award); Short v. Short,
577 So.2d 723, 723 (Fla. 2d DCA 1991)(holding that trial court did not abuse its discretion by deviating from the child support guidelines where section
61.30 permits a trial court to adjust the child support award to achieve an equitable result)....
...[2] We do acknowledge that based on the documents contained in the record, his past yearly gross earnings appear to be substantially less. [3] The record indicates that the Father is the sole support for his three other children and their mother, and that the Mother is the sole support for her other child. [4] Section 61.30(11)(a)(11), Florida Statutes (2006), provides as follows: (11)(a) The court may adjust the minimum child support award, or either or both parents' share of the minimum child support award, based upon the following considerations: ....
...Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt which the parties jointly incurred during the marriage. [5] In Flanagan, in finding that the trial court abused its discretion, the Second District relied on section 61.30(11)(k), Florida Statute (1993), which provides: (11) The court may adjust the minimum child support award, or either or both parent's share of the minimum child support award, based upon the following considerations: ....
...(k) Any other adjustment which is needed to achieve any equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt which the parties jointly incurred during the marriage. Section 61.30(11)(k) has since been renumbered as section 61.30(11)(a)(11), but both provisions are similarly worded.
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 408753
...Bomwell,
676 So.2d 508 (Fla. 4th DCA 1996). Finally, in setting guideline child support, the trial court included, without explanation, $2,466 per month of income attributable to the husband's girlfriend, with whom he lived at the time of the final hearing. Section
61.30(2)(a)13, Florida Statutes (1995), pertaining to the child support guidelines, provides that gross income "shall include ......
...ay a $3,250 purge amount, it was error to consider his roommate's income. We did not address how the roommate's contribution to the husband's living expenses might be included as "income" for the purpose of computing a child support obligation under section 61.30....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 347106
...e, and two-thirds of uninsured medical expenses. When the child support guideline amount is calculated based on $5,500 income, the father's share of the guideline amount is $2,205.28. The court may increase that amount by 5% without written reasons. § 61.30(1)(a), Fla. Stat. (1995). With the 5% increase, Appellant's share of child support would be $2,315.54. The trial court has additional *1236 authority to increase the amount by making written findings explaining the deviation. Section 61.30(1)(a) provides: The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate. Additionally, section 61.30(11)(a), Florida Statutes states that the court may adjust the award based on "extraordinary medical, psychological, educational or dental expenses." Here, the court supported the deviation, stating, "The Court has adjusted monthly child...
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 19937
...The trial court thereafter entered a modification order reducing the father's monthly support obligation from $1,413.00 per month to $163.51 per month. The court did not specifically set forth whether, in reaching this amount, the court was applying section 61.30(11)(b) (even though the total number of overnight contacts was less than 146 days per year), or whether the court was exercising its discretion under section 61.30(1)(a) to provide a downward departure from the guidelines based on the extent of overnight contacts less than 146 days....
...ng so, can properly consider all of the statutory factors regarding child support. [2] The mother also argues that the trial court erred in calculating the amount of the father's modified child support obligation in that the court improperly applied section 61.30(11)(b) of the Florida Statutes to the facts of this case. The father concedes that section 61.30(11)(b) is not applicable, since the court failed to find that overnight visits exceed 146 nights per year, but he contends that the trial court properly reduced his child support obligation pursuant to section 61.30(1)(a). *322 Since all parties are in agreement that section 61.30(11)(b) is not applicable in this case, the issue before this court is simply whether the trial court's order can be sustained as a valid downward departure under section 61.30(1)(a)....
...financial conditions, the amount of the downward departure, and the reasons for the downward departure. Accordingly, the trial court's order must be vacated and this cause remanded for entry of a proper support order which comports with the terms of section 61.30 of the Florida Statutes....
...1st DCA 1999)(holding that the absence of written findings explaining why ordering payment of child support guidelines would be unjust or inappropriate requires reversal of order dramatically deviating from guidelines). REVERSED and REMANDED. THOMPSON, C.J., and PETERSON, J., concur. NOTES [1] 61.30 Child support guidelines; network child support * * * (b) Whenever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support, as follows: 1....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2001 WL 37806
...Accordingly, we reverse the amount awarded to the wife in permanent alimony and remand for a redetermination of the amount of alimony. Upon remand, because a reduction in the wife's alimony *530 award will affect the child support award, the trial court is also ordered to recalculate the child support award. See § 61.30(2)(a)(9), Fla.Stat....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...m the exemption for both children
because she is the primary custodial parent. See 26 U.S.C. § 152(c)(4)(B)(i) (2012).
However, federal and state law allows the noncustodial parent to claim a child under
certain circumstances. Id. § 152(e)(1)-(3); § 61.30(11)(a)(8), Fla....
...If the court on remand wishes to depart
from the default rule and give the former husband the right to claim the exemption for
one (or both) children, it should make an express finding requiring the former wife to
waive her exemption for one or both children accordingly, see § 61.30(11)(a)(8), and
condition the former husband's right on his being current with child support payments,
see Fortune v....
...2d DCA 2016).
Third, while we take no issue with the trial court's decision to base the
retroactive support award on the earlier guidelines worksheet that was prepared in
conjunction with the former wife's motion for temporary relief, see § 61.30(17)(a), we
cannot ascertain whether the amount of that award is supported by the evidence
because that guidelines worksheet does not appear in the record and there are no other
portions of the record from which we can review the trial court's calculation in this
regard, see Voronin v....
...If the court again
chooses to award retroactive support, the amount of any such award must be supported
by evidence in the record, and the former husband shall be entitled to credit against that
obligation to the extent that he can offer competent substantial evidence of actual
payments qualifying under section 61.30(17)(b)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2002 WL 126186
...Keene, Esquire of Beroset and Keene, Pensacola, for Appellant. Appellee, pro se. BENTON, J. The final judgment dissolving his marriage to Noralyn Miles required J. Brooks Champlin to make child support payments, which included a child care cost component. See § 61.30(7), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6246168, 2013 Fla. App. LEXIS 19289
...The father did not submit a separate child support guidelines worksheet. The father asked the trial court to deviate downward from the guidelines. He argued that even though he could seek visitation, which would lower his child support obligation, see § 61.30(ll)(a)(10), he was not doing so, in the child’s best interests, because the child did not know him....
...not adopted, which is plausible, as adoption records are sealed. There is no showing of need for this child who was to be adopted [and] the potential retroactive period has been extended by Petitioner’s delay at compliance with discovery. Sectiori 61.30 allows the trial court to deviate from the guideline amount under certain circumstances, as follows: 61.30....
...This requirement applies to any living arrangement, whether temporary or permanent. The factors in the above paragraph, as well as those in section 61.80(ll)(a), all relate to the financial ability of the parents and the best interests of the child. “We do not agree with the father that section 61.30 authorizes a reduction based on the facts relied on by the father.” Krufal v....
...ort retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. § 61.30(17).
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 1616510
...We affirm the trial court's imputing income to the Former Husband. Competent, substantial evidence supports the trial court's finding that Former Husband voluntarily limited his income, and the trial court was justified in imputing income to Former Husband pursuant to section 61.30(2)(b), Florida Statutes....
...The trial court must determine whether an increase in child support is appropriate, and whether any increase will be retroactive. If an increase in child support is awarded, the trial court must make written findings stating why a deviation from the child support guidelines is appropriate, as required by section 61.30, Florida Statutes (2000)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 371557
...e final judgment, the court determines that his petition should be denied. Ensley v. Ensley,
578 So.2d 497 (Fla. 5th DCA 1991). Ensley dealt with whether income should be imputed to a parent in setting child support in a dissolution case pursuant to section
61.30(2)(b)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1999 WL 1261832
...e was ordered to pay, citing Shrove v. Shrove,
724 So.2d 679 (Fla. 4th DCA 1999), and that the final judgment improperly ordered him to pay an amount of child support which deviated more than five percent from the child support guidelines set out in section
61.30, Florida Statutes (1997), without an adequate explanation of why ordering payment of the guideline amount "would be unjust or inappropriate." We find that the final judgment must be reversed because it does not state the minimum child support need calculated under the section
61.30, nor does it give any relevant details regarding that calculation, and its cryptic explanation for the more than five percent upward deviation from the guideline amount, as "due to the added expenses of the minor child," is wholly inadequate. See Burton v. Burton,
697 So.2d 1295 (Fla. 1st DCA 1997); Segall v. Segall,
708 So.2d 983 (Fla. 4th DCA 1998). *569 A child support guideline amount which has been properly calculated under section
61.30 presumptively establishes the amount of child support to be ordered. See §
61.30(1)(a); State, Dept....
...Sumblin,
675 So.2d 691 (Fla. 1st DCA 1996). Assuming that the gross income amounts and deductions stated on the January 1999 child support worksheet are correct, we find that the worksheet correctly calculates the parties' combined net monthly income under section
61.30(5) as $3,794.36 and the total minimum child support need under section
61.30(6) as $784, with no adjustments....
...However, because it was prepared prior to, and without benefit of, the trial court's determinations regarding allocation of the husband's retirement benefits and the wife's request for alimony, the worksheet does not correctly calculate each party's gross monthly income under section
61.30(2), net monthly income under section
61.30(4), percentage share of the child support need under section
61.30(9), or actual dollar share of the child support need under section
61.30(10). Section
61.30(2)(a)7 requires that the portions of the husband's retirement allocated to each of the parties be included in their respective gross incomes for purposes of the child support calculation. See Wrona v. Wrona,
592 So.2d 694, 696 (Fla. 2d DCA 1991). Sections
61.30(2)(a)9 and
61.30(3)(g) require that spousal support paid pursuant to a court order be included in the recipient spouse's gross income and deducted from the gross income of the paying spouse....
...monthly child support obligation would be $411.26. If a different amount of alimony were to be awarded and supported by findings of fact, the parties' relative child support obligations would have to be calculated under the child support guidelines. Section 61.30(1)(a), allows the trial court, without findings of fact, to order child support which varies up to five percent from the guideline amount "after considering all relevant factors, including the needs of the child or children, age, statio...
...which varies more than five percent from the guideline amount, but "only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate." See Reynolds v. Reynolds,
668 So.2d 245 (Fla. 1st DCA 1996). Section
61.30(11) allows the trial court to adjust the minimum child support need amount, or the parents' relative child support obligations, based upon a list of considerations which include, inter alia, "[e]xtraordinary medical, psychological, educ...
...e parties' child support obligations, absent written findings of extraordinary circumstances supporting such an adjustment. The trial court shall calculate the minimum child support obligations of the parties according to the guidelines set forth in section 61.30, making explicit findings regarding the net incomes attributable to each of the parties and taking into account the award to the wife of twenty-nine percent of the husband's retirement benefits, as well as any award of alimony to the wife....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1991 WL 147531
...*1079 If we attribute another $2,000 net monthly income to the wife the combined net monthly income of the parties would be $8,201. Under the amended child support guidelines which took effect on July 1, 1991, the figure for two children would be $1,763. Section 61.30(6), Fla. Stat. (Supp. 1991). The wife's net monthly income would compute to be 84% of their combined net monthly income and she would be responsible for $1,481 of the guideline figure. See § 61.30(8) and (9), Fla....
...trial judge ordered him to pay as child support. Certainly reasonable persons would differ as to whether the extraordinary medical and psychological expenses for the hospitalized child justified an upward adjustment of $243 a month for the husband. Section 61.30(10)(a), Fla....
...e trial judges of this state. Under like circumstances, a former wife may very well be ordered to pay child support or extraordinary expenses for her children in the custodial care of her well-to-do former husband. Also, we note that when applicable section 61.30(8) must be used to determine the percentage share of child support by dividing each parent's net income by their combined net incomes and section 61.30(9) must be used to determine each parent's actual dollar share....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 504836
...being sure to keep in mind that the Parties are equally sharing the parental responsibility *1247 and residence/custody of the minor children as set forth in the Mediated Property Settlement. At the final hearing, both parties presented child support guidelines calculations based on the formula specified in section 61.30, Florida Statutes....
...The parties differed, however, in their determination of the amount of child support owed by the father in light of the equal parenting arrangement. The child support guidelines statute contains a specific formula for determining the statutory minimum child support amount. § 61.30(2) (6), Fla. Stat. (1993). A trial court is granted the discretion to adjust this presumptive minimum child support award based on considerations listed in the statute. § 61.30(11), Fla....
...One basis for adjustment, which is applicable in the instant case, is "[t]he particular shared parental arrangement, such as where the children spend a substantial amount of their time with the secondary residential parent thereby reducing the financial expenditures incurred by the primary residential parent... ." § 61.30(11)(g), Fla....
...If the court orders a child support amount that varies more than 5 percent from the presumptive guideline amount, the court must make a specific finding either in writing or on the record "explaining why ordering payment of such guideline amount would be unjust or inappropriate." § 61.30(1)(a), Fla....
...The court thus created a new formula for determining child support based on equalizing the incomes of the parties. This the court is not permitted to do. See Department of Health and Rehabilitative Svs. v. Massey,
568 So.2d 1343 (Fla. 5th DCA 1990) (a trial court must apply the section
61.30 formula and not substitute its own formula)....
...mately 50 percent of their time with each parent. It is also evident, in light of paragraph eight in the joint stipulation of the parties, that the trial judge did not ignore the guidelines or use a magic formula to reach a different conclusion. [1] Section 61.30(1)(a), Florida Statutes (1993), provides that if the court orders child support in an amount that varies more than five percent from the presumptive guidelines amount, the court must make a specific finding on the record or in writing "explaining why ordering payment of such guidelines would be unjust or inappropriate." A trial court, however, is granted the discretion to adjust the minimum child support award based on considerations listed in the statute. § 61.30(11)....
...One of these considerations is "[t]he particular shared parental arrangement, such as where the children spend a substantial amount of their time with the secondary residential parent thereby reducing the financial expenditures incurred by the primary residential parent... ." § 61.30(11)(g)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 3539514
...ility of the couple's daughter. The trial court ordered Husband to pay Wife $1,146.24 per month in child support. In his motion for rehearing, Husband complained that the child support calculations made by the trial court were not in conformity with Section 61.30 Florida Statutes and Devereaux v....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2005 WL 1875528
...The former husband appeals the trial court's denial of his supplemental petition for modification of child support. His petition was based in part on his substantial time sharing with the minor child. We reverse, because the trial court erred in ruling that it cannot, as a matter of law, retroactively apply section 61.30(11)(b), Florida Statutes (2003), which mandates adjusting a child support award when a *397 child spends a substantial amount of time with each parent. The parties last sought modification of child support in July 1999, before the amendments to section 61.30(11)(b) created a procedure for factoring substantial time sharing into child support calculations. Section 61.30(1)(a), Florida Statutes (2003), provides: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or...
...t order or mediation agreement to spend a substantial amount of time with the primary and secondary residential parents. This requirement applies to any living arrangement, whether temporary or permanent. A "substantial amount of time" is defined in section
61.30(11)(b)10 as an arrangement where the non-custodial parent exercises visitation at least 40 percent of the overnights of the year. Section
61.30(11) is mandatory and applies in both initial and modification proceedings for child support. See Seiberlich v. Wolf,
859 So.2d 570 (Fla. 5th DCA 2003) (holding that F.S. section
61.30(11)(b) also applies to modification proceedings where initial agreed upon guidelines child support did not take into account a parent's substantial time sharing with the minor child); Santiago v....
...; Keeley v. Keeley,
899 So.2d 387 (Fla. 2d DCA 2005) (holding that the statutory adjustment is mandatory); Migliore v. Harris,
848 So.2d 1250 (Fla. 4th DCA 2003) (holding that the trial court was required to adjust the child support obligation under section
61.30(11)(b))....
...In this case the court determined that the child spends greater than 43% of the time with the father and acknowledged that such an amount of time is "substantial" under the statute mandating adjustment of child support. But the court erroneously ruled that it was precluded as a matter of law from applying section 61.30(11)(b) to the former husband because he filed his petition for dissolution in July 1999, before the effective date of the enactment. We have previously held that section 61.30(11)(b) and its amendments can be applied retroactively because they are remedial laws that do not create new rights or liabilities but further or confirm rights already established by section 61.30 in 1987, when the guidelines were first enacted....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2004 WL 912373
...The father testified that he is able-bodied now, but he is not actively seeking full-time employment. He lives with his parents, and his monthly living expenses are quite nominal. He is capable of earning at his March level of $2,275.00 per month, and the court imputes the income to him as required by § 61.30(2)(b), Florida Statutes....
...As the trial court explained, the decision to impute income was based on Cameron's March 30, 2003, pay stub. The court then determined that retroactive support should be ordered and mathematical calculation confirms that it was the imputed income figure that was applied retroactively. Pursuant to section 61.30(17)(a), Florida Statutes, however, retroactive support is awardable according to the guidelines "subject to the obligor's demonstration of his or her actual income ......
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 194731
...He testified that the children's mother has alienated them from his present wife so that they have become a "nightmare" for her. They have no respect for her, abuse her until he comes home from work, and she cannot handle them. The mother argues that these circumstances do not meet the requirements of section 61.30(7), Florida Statutes (1993), which provides: Child care costs incurred on behalf of the children due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 168615
...Brian Robert Pace was born to Janis Pace and Howard Hice, the parties in this case, on July 19, 1984. Appellee filed a complaint to determine paternity on September 1, 1993. In her complaint, she asked, among other things, for the court to order the father (1) to pay temporary and permanent child support in accordance with section 61.30; (2) to pay retroactive child support; (3) to maintain life insurance on his life, naming the child as a beneficiary; and (4) to contribute the plaintiff's attorney's fees and costs for this action....
...The amount paid was $1,792.00, leaving an arrearage of $6,818.00. The $615 court-ordered payment would amount to an upward departure of approximately 41 percent from the guidelines. Appellant does not dispute the trial court's calculation of the guidelines amount. The pertinent portion of section 61.30, Florida Statutes (1994), child-support guidelines, provides that after determining the guideline amount, the court may only vary more than five percent from said amount "only upon written finding, or a specific finding on the record, e...
...Robinson,
657 So.2d 958 (Fla. 1st DCA 1995), this court found that it was an abuse of discretion for the trial court to deviate from the child support guidelines based on the fact that the husband had a baby to support with his new wife. The court noted that section
61.30(12), Florida Statutes (1994), states, The existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines.......
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 34513
...Jeffery Slingerland, of Lindsay, Andrews & Leonard, P.A., Milton, for appellant. Jennifer Byrom Sparr, Milton, for appellees. SHIVERS, Judge. The wife appeals the child support provision in the final order of dissolution of marriage. We first note that the child support guidelines found in section 61.30, Fla....
...ome of $1,479. The record evidence is that he makes occasional support payments for two children in Texas. He makes a $427 monthly payment on a 1988 Corvette and also owns a turck and two motorcycles. [2] A computation for comparative purposes under section 61.30, Florida Statutes, assuming without deciding legal inapplicability on the date of the order herein, apparently yields a paternal contribution exceeding $100 weekly for the two children, after taking into account a 46% share for the wife based on current income....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 2138758
...In a dissolution of marriage case such as this one, in which alimony is required because of the disparity in income between the parties, the court must first determine the amount of alimony and then, considering alimony as income, determine the amount of child support. § 61.30(2)(a)9, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2001 WL 1008136
...4th DCA 1980); Robbie v. Robbie,
591 So.2d 1006 (Fla. 4th DCA 1991); Wiederhold v. Wiederhold,
655 So.2d 218 (Fla. 4th DCA 1995). Both parties have appealed the child support award. The trial court chose not to apply the child support guidelines contained within section
61.30, Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1997 WL 590084
...We also determine that the trial court's order is internally inconsistent as to child support. The court found that "the former husband has the ability to earn income and has voluntarily committed himself to no income"; however, the court failed to impute any income to the husband in calculating the child support obligation. Section 61.30(2)(b), Florida Statutes (1995), requires imputation of income after making a finding of voluntary underemployment....
...Appellee argues that there was little or no evidence in the record to support the "probable earnings level" of the former husband. We find, however, that the trial court could have imputed some level of income to the former husband based on the evidence presented of recent employment history and qualifications. See § 61.30(2)(b), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 4220737, 2012 Fla. App. LEXIS 15874
...husband’s monthly income was $3000. Nor is there any indication that the court imputed income to the former husband for the period after December 10, 2010, or any evidence supporting the imputation necessary to reach a monthly income of $3000. See § 61.30(2)(b), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 13356, 2009 WL 2877633
...McCants v. McCants,
984 So.2d 678, 682 (Fla. 2d DCA 2008). The court determines a party’s net income by subtracting the statutorily allowable deductions, such as a deduction for federal tax liability, from each party’s gross monthly income. Id.; §
61.30(3)(a), Fla....
...es. The court also erred in determining that Appellee was only responsible for 75% of the child’s non-covered medical expenses because each parent should be required to pay an amount in accordance with his or her percentage share of child support. § 61.30(8), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 22082178
...Additionally, since the former wife and the child were residing with the former wife's parents, she also included $1200 in income to represent the rent and utilities paid on their behalf. On this evidence, the trial court refused to impute income to the former wife. Section 61.30(2)(b), Florida Statutes, governs the imputation of income to an unemployed or underemployed spouse and requires imputation of income to a voluntarily unemployed or underemployed parent unless the parent suffers from a "physical or menta...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2006 WL 2519714
...Our decision regarding the imputed income requires reconsideration of the alimony, child support, and attorney's fees awards. Thus, we decline to further address the husband's challenge to the alimony award. With regard to child support, on remand, the husband is free to seek the mandatory reduction set forth in section 61.30(11)(b), Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2013 WL 5832530, 2013 Fla. App. LEXIS 17310
...t payments owed to her by Wally R. Marlowe, the former husband, appellee, retroactive to the date of the original filing. The former wife argues that: (1) the trial court improperly imputed minimum wage income to her; (2) the Final Judgment violates section 61.30(7), Florida Statutes (2012); (3) the revised child support calculations are erroneous; and (4) it is an error to use alleged past overpayments in child support to set off alimony arrearages or future child support payments....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 2508756
...Stanton,
648 So.2d 1233 (Fla. 4th DCA 1995) (citing Canakaris v. Canakaris,
382 So.2d 1197 (Fla.1980)); Armstrong v. Armstrong,
623 So.2d 1216, 1217 (Fla. 4th DCA 1993). While determination of child support is within the discretion of the trial court, section
61.30, Florida Statutes, provides the statutory formula which must be used to determine each parent's actual dollar share....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2017 WL 5076892
...Accordingly, parents may not contract away or waive the rights
of their child for support. Armour v. Allen,
377 So. 2d 798, 799-800 (Fla. 1st
DCA1979); Serio v. Serio,
830 So. 2d 278, 280 (Fla. 2d DCA 2002).
The statutory guidelines set forth in section
61.30, Florida Statutes, are the
starting point for the child support determination....
...ine amount after considering all
relevant factors and can deviate more than five percent upon a written finding
explaining why ordering payment of the guideline amount would be unjust or
2
inappropriate. § 61.30(1)(a), Fla. Stat. (2016). In cases where the parenting plan
provides that each child spend a “substantial amount of time” with each parent, the
methodology of section 61.30(11)(b) is used to calculate child support.
In the instant case, the final judgment incorporated the parties’ agreement that
neither is required to pay child support to the other....
...Although the court concluded
that this arrangement is in the “children’s best interests,” neither the agreement nor
the final judgment addressed the needs of the children, the overall financial
circumstances of the parties, or any other factor in section 61.30....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1993 WL 452221
...The trial court found that the monthly net income of the Zaks totaled $15,333.03 *189 and that the husband's share should be seventy-three percent. [1] However, the trial court set the husband's support obligation below the statutory guidelines schedule. The husband's percentage of support, pursuant to section 61.30(3), Florida Statutes (1991), should have been at least $1,993.87....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 17005, 2015 WL 7017418
...of the children for the parties ‘to have shared parental responsibility and ordered that the parties share the parental responsibility, of the minor children with equal amounts of time-sharing. Pursuant to the child support guidelines codified at section 61.30, Florida Statutes (2014), the court used the parties’ respective incomes and the percentage amount of time-sharing awarded to calculate Former Husband’s child support obligation for the minor children to be $160.44 per month....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2002 WL 31507244
...Such a reduction would be contrary to the best interests of the child, "the keystone of Florida's Jurisprudence regarding support and custody of children." Boylan v. Cooper,
482 So.2d 584, 585 (Fla. 5th DCA 1986)(Sharp, J., dissenting). The father argues that section
61.30, Florida Statutes (2001), our child support guidelines, supports the reduction. He relies on section
61.30(1)(a) which provides in part: 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, a...
...The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. The factors in the above paragraph, as well as those in section 61.30(11)(a), all relate to the financial ability of the parents and the best interests of the child. We do not agree with the father that section 61.30 authorizes a reduction based on the facts relied on by the father....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 3001881
...*768 Billy Thomas, West Melbourne, for Appellant. No Appearance for Appellee. ORFINGER, J. Joseph H. Buhler, the father, appeals the trial court's order modifying his child support obligation. He contends that the trial court should have reduced his support obligation pursuant to section 61.30(11)(b), Florida Statutes (2003), because he has visitation with the children a substantial amount of time. We agree and reverse. Section 61.30(11)(b), Florida Statutes (2003), states that "[w]henever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support.. . ." Section 61.30(11)(b)(10), Florida Statutes (2003), defines a "substantial amount of time" to mean "that the non-custodial parent exercises visitation at least 40 percent of the overnights of the year." See Guttler v....
...Here, the visitation order reflects that the children will spend more than 40 percent of the overnights with the father. [1] Consequently, the plain language of the statute required the trial court to adjust the father's child support obligation in accordance with the legislative requirement. See § 61.30(1)(a), Fla....
...ercent of overnights in year was entitled to downward departure of child support). If, in the future, the father does not regularly exercise at least 40 percent of the overnight visits, the mother may seek a modification of child support pursuant to section 61.30(11)(c), Florida Statutes (2003), which considers a noncustodial parent's failure to exercise visitation as a substantial change of circumstances for purposes of modifying the award of child support, and provides for retroactive applicat...
...the father first failed to regularly exercise at least that level of visitation. See Keeley; Cheverie; Migliore. Accordingly, we reverse and remand with directions that the trial court adjust the father's child support obligation in accordance with section 61.30(11)(b), Florida Statutes (2005)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1995 WL 254362
...s resulting in the payment of personal expenses by the business. Under such circumstances, the trial court should have imputed income to the husband. See Ugarte v. Ugarte,
608 So.2d 838 (Fla. 3d DCA 1992), cause dismissed,
617 So.2d 322 (Fla. 1993); §
61.30(2)(b), Fla....
...In addition, we reverse the child-support award where, as here, the court erred in failing to order the husband to pay child support according to the guidelines and in failing to provide an explanation for the variance from the guidelines. The court must make the appropriate findings as provided in section
61.30(1)(a), if it deviates more than 5% from the guidelines. Dehler v. Dehler,
648 So.2d 819, 820 (Fla. 4th DCA 1995); Martin v. Martin,
616 So.2d 158 (Fla. 3d DCA 1993). Upon a redetermination as to the husband's income, the court must enter a new child-support order in accordance with section
61.30....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2002 WL 1021444
...May 22, 2002. *1194 Aubin Wade Robinson, Royal Palm Beach, for appellant. No appearance for appellee. SHAHOOD, J. This is an appeal by appellant, Lorraine Clark Ford, of an Agreed Order on Former Husband's Amended Motion for Contempt. Based on sections 61.30(2)(a) and 61.30(11)(a)(2), [1] Florida Statutes (2000), and this court's recent en banc opinion in Sealander v....
...nt of $75.00 per week. However, inasmuch as the child receives Supplemental Security Income (SSI) benefits from Social Security Administration (SSA) due to her medical condition, and taking this additional income into account as provided pursuant to Section 61.30(11)(b), Florida Statutes, the Husband's child support obligation shall be reduced to $45.00 per week so long as the minor child is receiving SSI benefits....
...his age, it was most likely social security benefits. In Wallace v. Department of Revenue,
774 So.2d 804, 806 (Fla. 2d DCA 2000), the Second District held that the reasoning in Williams equally applies to social security disability benefits because section
61.30(2)(a)(8), Florida Statutes (Supp....
...Hence, it affirmed the denial of a credit against a former husband's child support obligation for social security benefits paid to the child as a result of the former husband's disability. In reaching such conclusion, the court noted that Williams was overruled by a 1997 amendment to section 61.30(11)(b), renumbered as 61.30(11)(a)(2)....
...Recently, this court receded from Gomez in Sealander v. Sealander,
789 So.2d 401, 402-03 (Fla. 4th DCA 2001)( en banc ), and adopted the reasoning set forth in Wallace: [In Wallace ], the court disagreed with Gomez and explained, We do not agree that the amendment to section
61.30(11)(b) changed the result in Williams or alters the result in this case. First, Gomez does not distinguish between supplemental security income and social security disability benefits, but appears to use the terms interchangeably. This distinction is important because section
61.30(11)(b) refers only to supplemental security income....
...SSI is likely to be the only type of benefit a child could receive on his or her own behalf, because of the child's disability. A child is ineligible for SSDI benefits unless he or she has met the contribution requirements through employment. In addition, section 61.30(11)(b) does not refer to dependent benefits at all, whether due to SSI, SSDI, or any other social security benefit. Second, section 61.30(11)(b) refers specifically to a final adjustment in the child support award because of the income of the child....
...On the other hand, when social security disability insurance benefits or supplemental security income is received because of the disability of a parent, those benefits and the dependent benefits that accompany it, are income attributable to the parent. See
61.30(2)(a); Williams,
560 So.2d at 310....
...riate credit the benefits paid as child support. See id. In this case, while the Marital Settlement Agreement provided for child support, the minor child was unrepresented, and it essentially gave former husband credit for which he was not entitled. Section 61.30(1)(a) establishes a presumptive amount of child support to be ordered by the trial court based upon the child support guidelines....
...parent. The Marital Agreement reduced former husband's child support obligation for as long as the minor child received SSI benefits due to her own medical condition. The Agreement attributed such additional income as income to former husband. Under section 61.30(11)(a)(2), this was error since income to the child in her own right is intended to provide additional support due to the child's special needs and should not serve as a basis to reduce the parents' obligation....
...husband's disability. If so, it takes the combined total of both the SSI and SSDI benefits, and any amount paid in excess of the husband's monthly child support obligation and credits it against his support obligation. As set forth in Sealander and section 61.30(2)(a), only SSDI benefits received because of a parent's disability and the dependent benefits that accompany it are considered income attributable to the parent in the child support guideline calculation....
...d recalculate former husband's child support obligation consistent with this opinion and with an appropriate credit for benefits paid as child support. See Sealander,
789 So.2d at 403. REVERSED AND REMANDED. KLEIN and HAZOURI, JJ., concur. NOTES [1] Section
61.30(11)(a)(2) was formerly numbered
61.30(11)(b).
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1997 WL 268488
...es at the time of the motion for modification) was that "[t]he child support guidelines can, in and of themselves, serve to establish a modification of support." Based on that statement, the master concluded that "[t]he provisions of Florida Statute § 61.30 1(b) have been met." [1] The circuit court judge denied the mother's exceptions to the master's report and ratified and approved the report in its entirety. We have carefully reviewed the legislative history of the amendments to section 61.30(1)(b), Florida Statutes since the 1987 enactment of the child support guidelines, [2] and find no clear support for the result in this case in which the guidelines statute is used as the sole basis on which to relieve a father from an a...
...case by the Supreme Court of Florida: WHERE THERE HAS BEEN NO REDUCTION IN ABILITY TO PAY OR IN THE NEEDS OF THE CHILD, MAY A PARENT'S CHILD SUPPORT OBLIGATION AGREED TO AFTER ENACTMENT OF THE STATUTORY GUIDELINES BE MODIFIED DOWNWARDLY, PURSUANT TO SECTION 61.30(1)(b), FLORIDA STATUTES (1995), SOLELY ON THE BASIS THAT THE AGREED-TO AMOUNT EXCEEDS THE STATUTORY GUIDELINES AMOUNT WHICH WOULD BE PAYABLE IN ABSENCE OF THE AGREEMENT OF THE PARTIES? We find no merit in the mother's final point on app...
...Therefore, as to the child support issue, we reverse and remand with directions to reinstate the child support award set by the final judgment of dissolution. The order appealed is otherwise affirmed. Affirmed in part, reversed in part and remanded. Question certified. NOTES [1] Section 61.30(1)(b), Florida Statutes (1995) provides: "The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted....
...difference of 15% or $50, whichever amount is greater, between the existing support payment and the guidelines payment. Ch. 93-208, § 5, Laws of Fla. [3] None of the cases involving modifications of child support orders citing to post-guidelines subsection 61.30(1)(b) provide clear guidance for this case....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1993 WL 52964
...ould not have granted the modification based upon imputed income. See Levine v. Best,
595 So.2d 278 (Fla. 3d DCA 1992); Seilkop v. Seilkop,
575 So.2d 269 (Fla. 3d DCA 1991); Hogle v. Hogle,
535 So.2d 704 (Fla. 5th DCA 1988). Child support guidelines section
61.30(2)(b), Florida Statutes (1991) provides: (b) Income shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on the parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1992 WL 51239
...court accepted testimony and evidence. The parties entered into evidence written calculations *719 for both husband's and wife's salaries and percentages for each for a determination of child support based upon child support guidelines contained in section 61.30, Florida Statutes (1987)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1996 WL 111763
...We reverse and remand the cause for reconsideration. On reconsideration, the court shall recalculate the child support obligation of the husband based on the most recent financial affidavits in the record. Any deviation from the presumptive support figure found in section 61.30 shall be supported by a specific finding. See § 61.30(1)(a), Fla.Stat....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 649201
...e is no child support guideline attached to the judgment. The record contains two different guidelines calculation sheets with different numbers. Neither of these sheets has any adjustment for the extensive visitation with the Husband as required by section 61.30(11), Florida Statutes (2006)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 562658
...District Court of Appeal of Florida, Fifth District. March 11, 2005. *1029 Frederick T. Lowe, of Florida Law Group, L.L.C., Tampa, for Appellant. Dawn Weiger O'Neill, Clearwater, for Appellee. MONACO, J. We have for review the trial court's application of section 61.30(11)(b), Florida Statutes (2004), which concerns the quantum of child support to be awarded in cases involving a shared parental arrangement where the non-custodial parent spends a "substantial amount of time" with the child....
...The trial court denied the motion and noted that the amount of visitation that he ordered, particularly summer vacation, was specifically based on the former husband's not using the substantial time he was awarded as a justification to seek reduced child support. Mr. Cheverie appeals this issue. Section 61.30(11)(b), Florida Statutes (2004) provides that: Whenever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support ... (Emphasis added). Section 61.30(11)(b)(10) defines a "substantial amount of time" as meaning "that the non-custodial parent exercises visitation at least 40 percent of the overnights of the year." See Guttler v....
...Here, the amount of time the child is to spend with the former husband is greater than 40% of the overnights. Consequently, based on the plain language of the statute, the trial court must vary the guideline in accordance with the legislative requirement. See §
61.30(1)(a), Fla. Stat. (2004); Rainsberger v. Rainsberger,
819 So.2d 275, 276 (Fla. 2d DCA 2002). If Mr. Cheverie fails to avail himself of his court-authorized 40% visitation privilege, Mrs. Cheverie is provided a remedy under section
61.30(11)(c)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2017 WL 2484963, 2017 Fla. App. LEXIS 8487
...information for the two timeframes differed, "the Department ought not to [have]
ignore[d] the information in its own files" when it calculated Gaut's retroactive child
support due. Salters v. Dep't of Revenue ex rel. Mobley,
32 So. 3d 777, 778 (Fla. 2d
DCA 2010); see also §
61.30(17)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 8412, 2011 WL 2201181
...Richard Berthold Nilsen, the Husband, appeals a non-final order establishing temporary alimony and child support to be paid to Candice Ann (Greenwell) Nilsen, the Wife. The Husband argues that the child support award is invalid because it does not comply with the requirement of section 61.30, Florida Statutes (2010), that a trial court provide an explanation for why the guideline amount would be unjust or inappropriate....
...r child support. A support award that fails to differentiate between child support and alimony is improper because it renders the appellate court unable to determine whether the trial court applied the statutory child support guidelines set forth in section 61.30....
...o calculate the Husband’s income. See Blum,
769 So.2d at 1143 . Although the trial court may ultimately determine that the guideline amount is unjust or inappropriate, to make this finding the court must calculate what the guideline amount is. See §
61.30(l)(a) (“The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.”). This determination begins with a calculation of the parties’ incomes. §
61.30(2); see Shaw v....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2006 WL 1627807
...arages, attorney's fees and costs, taking into account the husband's income and living requirements. The next issue we address is whether the husband was entitled to a child support adjustment because of his forty-six percent overnights timesharing. Section 61.30(11)(b), Florida Statutes (2001), states that, "[w]henever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support" accordingly....
...Contrary to the wife's argument here and at trial, this court has held that the adjustment is mandatory, not discretionary. See Harwood v. Ying Li,
909 So.2d 396 (Fla. 4th DCA 2005); Migliore v. Harris,
848 So.2d 1250 (Fla. 4th DCA 2003)(holding that the trial court was required to adjust the child support obligation under section
61.30(11)(b)); Santiago *19 v....
...4th DCA 2002)(holding that the language of the statute is mandatory and finding an abuse of discretion where the trial court failed to reduce the former husband's child support award even though he did not request it); see also Seiberlich v. Wolf,
859 So.2d 570 (Fla. 5th DCA 2003)(holding that section
61.30(11)(b) also applies to modification proceedings where initially agreed upon guidelines child support did not take into account a parent's substantial time sharing with the minor child); Keeley v. Keeley,
899 So.2d 387 (Fla. 2d DCA 2005) (holding that the statutory adjustment is mandatory). The wife acknowledges that "[t]here is no dispute that the Husband's visitation met the 40% threshold requirement under §
61.30(11)(b)10, Florida Statutes." Thus, reversal and remand is required for the court to adjust the husband's child support obligation accordingly....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Regarding the order on child support, we reverse and remand the lower court's award. We review an award of child support to determine whether it is based on competent, substantial evidence of the parties' net income. Vanzant v. Vanzant ,
82 So.3d 991 , 993 (Fla. 1st DCA 2011) ; see also §
61.30, Fla....
...must be reversed for reconsideration. Vanzant ,
82 So.3d at 993 . On remand, "the trial court shall make specific findings explaining how the award was calculated and justifying any material deviation from the guideline support amount." Id. (citing §
61.30(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 8762, 2015 WL 3609459
...However, the
court must have obtained those documents itself as they are not in our record and were
not entered in evidence.
As to the Department's third argument, a deduction for support of another
child must be supported by evidence that the parent was actually paying the amount
ordered. § 61.30(3)(f), Fla....
... Father was actually paying $279.83 in child support for the second child. In fact, the
evidence established only that the Father had paid $150 toward the obligation for the
previous two months.
And regarding the Department's fourth argument, section 61.30(17) gives
a court the "discretion to award child support retroactive to the date when the parents
did not reside together in the same household with the child, not to exceed a period of
24 months preceding the filing of the petition....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1990 WL 72514
...ZEHMER, J., concurs with written opinion. ZEHMER, Judge (concurring). I concur in affirming the appealed order requiring appellant to pay certain amounts of child support. I write only to note certain problems with the application of the child support guidelines mandated by section 61.30, Florida Statutes (1989), which have been made manifest by the facts of this case....
...His wife is not currently earning any income, as she takes care of the children at home. The trial court determined appellant's monthly income to be $793.51 and Lisa's monthly income to be $1,522.50. The trial court determined the amount of child support due for Lisa's child pursuant to the child support guidelines in section 61.30 in the following manner....
...0 as needed minimum child support. The court thereupon ordered appellant to pay 36 percent of this amount, that is $211.32, as monthly child support to Lisa Johnson. This calculation by the trial court conforms in all respects with the provisions in section 61.30....
...er of fact" to "order payment of child support in an amount different from such guideline amount upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate." § 61.30, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 WL 1506152
...upport and reserved ruling on attorney fees. This appeal follows. We reverse and remand for specific findings. The child support guidelines apply to petitions for modification and may provide the basis for finding a substantial change in circumstances.
61.30(1)(b), Fla. Stat. (2002); State Dept. of Revenue by and on Behalf of Young v. Sumblin,
675 So.2d 691, 692 (Fla. 1st DCA 1996); Pitts v. Pitts,
626 So.2d 278, 284 (Fla. 1st DCA 1993). Additionally, section
61.30(1)(a), Florida Statutes permits a court to deviate more than five percent from the presumptive guideline amount "upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate." Niemann v....
...support guidelines were she to fully utilize her earning ability. Consequently, the court denied former wife's Motion for Modification of Support. The Order, however, lacks any finding or indication that the court imputed income to the former wife. Section 61.30(2)(b), Florida Statutes, requires that the trial court impute income to an unemployed or underemployed parent "when such employment or underemployment is found to be voluntary on that parent's part." 61.30(2)(b), Fla. Stat. (2002). Thus, section 61.30 requires a finding that the parent is capable of earning more through the use of his or her best efforts....
...The trial court's finding that the parent is underemployed must be based on evidence presented at the hearing. In addition, if the trial court decides to impute income, it must consider the parent's "recent work history, occupational qualifications, and prevailing earnings level in the community." 61.30(2)(b), Fla....
...The court also found that while the former husbands salary did increase, the former wife failed to prove an increased need for the additional child support. This finding was clearly erroneous because an increase in the payers income is sufficient to satisfy the substantial change in circumstance standard contemplated by section 61.30(1)(b), Florida Statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...eparate cover." But no such worksheet was filed by the trial court. As for the retroactive child support award to the Father and the Father's overpayments owed by the Mother, the trial court's order does not set forth how these amounts were derived. Section 61.30, Florida Statutes (2017), provides guidelines establishing the amount of child support to be awarded based on the parties' combined net monthly incomes....
...The legislature has made clear that the child support guidelines amount "presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support" § 61.30(1)(a)....
...This statute affords trial courts discretion to deviate by more than five percent from a presumptive child support amount "only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate." Id. In conformance with section 61.30, the case law is "well-settled that a trial court errs by failing to make findings of fact regarding the parties' incomes when determining child support." Wilcox v....
...Whittingham ,
67 So.3d 239 , 239 (Fla. 2d DCA 2010) (reversing child support order due to the court's failure to include any findings regarding the parties' incomes because such failure precluded a determination as to whether the award was within the guidelines established in section
61.30 )....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
the extent that they reduce- living expenses.” §
61.30(2)(a)13., Fla. Stat. (2016). “Specific dollar values
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 84315
...Mosbarger's isolated criminal activity and her more pervasive psychiatric illness. Before the trial court imputes income to Mrs. Mosbarger during her period of probation, that court should first expressly determine that she would have been employable, even in light of her mental illness, except for the criminal sentence. Cf. § 61.30(2)(b), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 11374, 2011 WL 2848630
...In addition, the ALJ erred in using Finch's current monthly income to compute the retroactive support obligation. The use of current income is permissible when the obligor fails to demonstrate his or her actual income during the retroactive period. See § 61.30(17)(a), Fla....
...orksheet, which was used to compute his retroactive support obligation. [3] Without *1152 explanation, the ALJ disregarded this information and improperly failed to use Finch's actual income in computing his retroactive child support obligation. See § 61.30(17)(a) (providing that the court shall consider "the obligor's demonstration of his or her actual income ......
...2d DCA 2011); Cameron v. Dickey,
871 So.2d 1022, 1023 (Fla. 5th DCA 2004); see also Salters v. Dep't of Revenue ex rel. Mobley,
32 So.3d 777, 778 (Fla. 2d DCA 2010). Therefore, the ALJ's determination of the retroactive support obligation does not comply with section
61.30(17)(a) and it must be recalculated....
...Affirmed in part and reversed in part. NOTES [1] Finch does not contest the paternity determination and we affirm the order as to that ruling. [2] The order does not indicate that the ALJ imputed any income to Finch, see §
409.2563(5)(a), Fla. Stat. (2010), §
61.30(2)(b), Fla. Stat. (2011), or found that Finch has income from sources other than his earnings. See §
61.30(2)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 33 Fla. L. Weekly Fed. D 1696
...Alois,
937 So.2d at 175. *120 A parent has the obligation to support his or her minor children. Finn v. Finn,
312 So.2d 726, 730 (Fla.1975). The starting point for determining the amount of support owed is set forth in the child support guideline. See §
61.30, Fla. Stat. (2007). The child support guideline amount "presumptively" establishes the amount the trier of fact should order. §
61.30(1)(a), Fla....
...The trial court may vary from the guideline amount more than 5% only upon a "written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate." Id. Child care costs are treated as an adjustment to the guideline determination. See § 61.30(7), Fla....
...4th DCA 2006), is limited to its specific facts and creates no rule. If it did, it would conflict with the child support statutes, which courts are bound to enforce. The legislature already factored in the relative support abilities of the parents in creating the child support guidelines. Section 61.30(1)(a), Florida Statutes provides: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a pro...
...ent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. The legislature intended for only a five percent variance unless one of the circumstances listed in section 61.30(11), Florida Statutes, exists. In Alois, the court reduced the former wife's support obligation where custody of the children was transferred, post-divorce, to the former husband. In the opinion, our court relied on section 61.30(11)(a)11 which permits "[a]ny other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt." It then determined that the former wife had so many expenses that she could not afford the guidelines child support....
...I do not think, however, that the children and their support should suffer because a parent makes spending decisions for his or her income level and incurs debt on cars, houses, and the like which reduce the amount of money "leftover" to pay child support. That surely was not the intent of section 61.30(11)(a)11....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1994 WL 1512
...$1,036. The trial court then ordered appellant to pay the entire amount in child support. Calculated properly, appellant's share should have been 87% or $901.32. We expect that this was merely a clerical error on the part of the trial judge, because section 61.30(9), Florida Statutes (1991) provides that "Each parent's actual dollar share of the child support need shall be determined by multiplying the minimum child support need by each parent's percentage share." While the statute permits the c...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 29161
...child support obligation. The appellee did not respond to the petition, and a default judgment was entered against him on December 30, 1997. After a hearing, the court entered an order determining the amount of the appellee's obligation. Pursuant to section 61.30, Florida Statutes, the appellee's support obligation was calculated to be $251.00 per month for the two children....
...The trial court, while finding that there had been a substantial change in circumstances sufficient to justify an increase in the amount of child support, deviated from the guideline amount of $251.00 and ordered the appellee to pay $200.00 per month. *197 The guideline amount is presumptively correct. See §
61.30, Fla. Stat. (1997); State, Dept. of Revenue By and On Behalf of Young v. Sumblin,
675 So.2d 691 (Fla. 1st DCA 1996). The court's order requiring the appellee to pay $200.00 per month is a twenty percent deviation from the guideline amount. Section
61.30(1)(a), Florida Statutes states that "[t]he trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, expla...
...In its order, the court stated that the deviation from the statutory guidelines is "based on the fact that the appellee's salary is currently at the minimum wage." However, a party's earnings are already taken into consideration when calculating the guideline child support obligation of the party. See § 61.30, Fla. Stat. (1997). Consequently, the fact that the appellee's salary is currently at the minimum wage cannot be used as a reason to deviate from the guideline amount. Furthermore, the court's reason for deviating does not comport with section 61.30(11), Florida Statutes, which lists criteria that the court can consider in adjusting the guideline amount....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 74120
...y. With the exception of the miscalculation of the father's child support arrearage amount, we disagree. First, the father challenges the fact that the trial court failed to compute his child support obligation based upon the guidelines set forth in section 61.30 of the Florida Statutes (2005)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2017 WL 514336, 2017 Fla. App. LEXIS 1545
...(2015) (“All child support orders and income deduction orders entered on or after October 1, 2010, must provide ... [f]or child support to terminate on a child’s 18th birthday unless the court finds or previously found that s.
743.07(2) applies, or is otherwise agreed to by the parties.”); §
61.30(17), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377
...may not be returned to the parent/custodian without further order of this court. 3. The Guardian Ad Litem Program is appointed. 4. The parents, within 28 days of the date of this order, shall provide to the department the information necessary to accurately calculate child support under section 61.30, Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 63671
...The mother now urges that a different rule applies. In Schou, the supreme court declared that the child is entitled to "share in the good fortune" of the parent. Admittedly this statement is subject to interpretation. The mother contends that under this principle, and under section 61.30, Florida Statutes, as amended in 1993, she (on behalf of the child) is entitled to 5% of the father's income over $10,000 per month regardless of her actual expenses in raising the child....
...The trial court, in its Final Judgment, admits that there is no supporting evidence for this figure when it holds: 3. That as to the issue of child support, this Court has determined that the amount of child support to be awarded shall be less than and, therefore, varies with, the child support guidelines imposed by F.S. 61.30(6) and, more particularly, the percentage multiplied by the combined parental income of the parents which exceeds $10,000 per month....
...The Court will not impose the guideline amount suggested by the Petitioner in the amount of $10,011 per month but will rather award $5,000 per month as child support because this amount is a more reasonable adjustment and, therefore, achieves a more equitable result, F.S. 61.30(11)(k)....
...The mother, on the other hand, questions on what authority the court reduced the guideline award and, in addition, put part of that amount into a guardianship account. These issues require that we face the ultimate question of whether the legislature, by enacting section 61.30, Florida Statutes, intended to remove need from judicial consideration in setting child support. We think it did not. We believe that the guidelines incorporate a "presumed need" which, if not challenged, justifies the figure established by the tables as determined by the parents' income. Section 61.30(6) provides: "The following schedules shall be applied to the combined net income to determine the minimum child support need." (Emphasis added )....
...Therefore, depending on the parents' income, a presumptive need is determined from the schedules. The question then becomes whether the need thus determined is rebuttable. We believe it is. For example, the court may determine a greater need if there are extraordinary expenses [section 61.30(11)(a) ] and may determine a lesser need if the child has independent income [section 61.30(11)(b) ]. Further, there is a catch-all provision [section 61.30(11)(k) ] which permits "any other adjustment" in order to achieve an equitable result....
...Following a hearing, the trial court entered a temporary order adjudicating paternity, awarding the mother primary residential custody, and ordering the father to pay $5,000 per month in temporary support. The court recognized that this amount was less than the guideline amount pursuant to paragraph 61.30(11)(a), Florida Statutes (1991), but reasoned that it was "a more reasonable adjustment and, therefore, achieves a more equitable result...." The evidence adduced at the final hearing demonstrated that the mother had not been spending the entir...
...[she] spent the child support entrusted to her." Furthermore, the court faulted the mother for failing to segregate the child's monthly needs rather than lumping all the living expenses for the child, herself, and one other daughter. [2] In determining child support, the court recognized that paragraph 61.30(1)(a), Florida Statutes permits the court to vary from the guideline amount more than five percent as long as the court gives written reasons for its variance....
...ate to require the father to pay that sum. Rather, the court awarded $5,000 per month because it represented the child's actual and bona fide needs. This appeal and cross appeal followed. CHILD SUPPORT AMOUNT In 1993, the Florida Legislature amended section 61.30 of the Florida Statutes. Ch. 93-208, § 5, at 2069-73, Laws of Fla. Paragraph 61.30(1)(a) permits trial courts to vary from the statutory guidelines by only plus or minus five percent when awarding child support without providing written reasons. If the court wishes to vary further from this five percent allowance, it must make a specific finding to justify the variance. § 61.30(1)(a), Fla. Stat. (1993). Subsection 61.30(6) sets forth the schedule for courts to apply to the combined net monthly income to determine child support need....
...ount of income over $10,000: Child or Children ---------------------------------------------------------------------- One Two Three Four Five Six ---------------------------------------------------------------------- 5.0% 7.5% 9.5% 11.0% 12.0% 12.5% § 61.30(6), Fla....
...nt would be unjust or inappropriate.") (McDonald, J., concurring). In the present case, I find that the trial court correctly determined that it was not bound to mathematically apply the guideline amount; rather, it properly concluded that paragraph 61.30(1)(a) could be applied to situations such as this where the guideline amount would yield an unintended and unreasonable result. See also § 61.30(11)(k), Fla....
...have an "actual day-to-day need" in an amount as great as the guidelines support figure, then, as a matter of law, the lower court must reduce support to the amount of actual "need." The court doesn't even have the discretion, seemingly conferred by section 61.30, to deviate from the guidelines in any amount other than this "actual day-to-day need" amount....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 1577, 2015 WL 484050
...trusts, and any other payments, made by any person, private
entity, federal or state government, or any unit of local
government.
In determining the amount of income that is attributable to a parent in
computing child support, section 61.30(2)(a), defines "gross income" to include
"[b]usiness 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."
In Zold v. Zold,
911 So. 2d 1222, 1230 (Fla. 2005), the Florida Supreme
Court stated, "We conclude that construed together, sections
61.046(7),
61.30(2)(a)(3),
61.08(2)(g),
61.30(6), and
61.16(1), reflect legislative intent that trial courts consider
only that portion of a spouse's income that is available to the spouse." An award of
alimony must be based on the income that is available to the party, i.e., the party's net
monthly income....
...We recognize the difficult task the trial court faced in determining the
Former Husband's monthly income. He filed six financial affidavits within a two-and-a-
half-year-period which showed a monthly income after the allowable deductions in
section 61.30 varying from $4055 to $20,362....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...pport amount. The
former husband correctly concedes error on this point, as the
award is mandatory. Accordingly, on remand, the trial court is
ordered to calculate the amount of child support according to the
child support guidelines as set forth in section 61.30, Florida
Statutes.
In her second point on cross-appeal, the former wife claims the
trial court abused its discretion in failing to award retroactive child
support pursuant to section 61.30(17), Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 536633
...Florida Family Rule of Procedure 12.285(d)(6) requires the disclosure of a recent loan application as evidence relevant to a request for child support. Burnstine does not dispute that the corporation's payments of his mortgage and other expenses are income to him for purposes of calculating child support. § 61.30(2)(a)13., Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 542114
...ry weekend. With respect to the child support, however, we are compelled to reverse. At trial, the parties and the court focused primarily on the custody determination. The detailed evidence necessary to make a proper child support calculation under section 61.30, Florida Statutes (2005), was, in part, overlooked....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 40473
...No appearance by appellee. PER CURIAM. This is an appeal from a final judgment of paternity. We conclude that the trial judge erred in departing from the child support guidelines without making a finding as to his reasons for doing so, as required by section 61.30(1)(a), Florida Statutes (1991)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 30 Fla. L. Weekly Fed. D 461
...upport obligation, the trial court did not make the necessary findings to support such an award. When considering non-marital real property, a court may not award exclusive possession of such property to the other spouse absent a finding pursuant to section 61.30(13), Florida Statutes (2002), that the non-custodial parent's recurring income is insufficient to meet his child support obligation....
...We find that this award was error where the trial court failed to make the proper statutory findings that *1175 these costs were attributable to "employment, job search, or education calculated to result in employment or enhance income of current employment of either parent," pursuant to section 61.30(7), Florida Statutes (2002)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...expenses. We agree and reverse. Child support in paternity actions is determined according to the guidelines in chapter 61, Florida Statutes. See §
742.031(1), Fla. Stat. (2008) (requiring court in paternity action to set child support pursuant to section
61.30)....
...When calculating the basic child support obligation, the court is required to include seventy-five percent of a parent’s child care costs incurred “due to employment, job search, or education calculated to result in employment or to enhance income of current employment.” § 61.30(7), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 20725, 2014 WL 7243144
...“Child support decisions are typically discretionary.” Finney v. Finney,
995 So.2d 579, 581 (Fla. 1st DCA 2008) (citing Glasgow v. Wolfe,
873 So.2d 483, 484 (Fla. 1st DCA 2004)). “However, a trial court’s discretion concerning child support is subject to the statutory guidelines set forth in section
61.30, Florida Statutes.” Id. (citing Kareff v. Kareff,
943 So.2d 890, 892 (Fla. 4th DCA 2006)). ‘Whether a trial court has complied with the guidelines is a question of law to be reviewed de novo.” Id. Section
61.30, Florida Statutes (2013), provides the starting point for determining the child support amount in both an initial proceeding and a modification proceeding....
...Pursuant to the statute, “[t]he child support guideline amount determined by this section presumptively establishes the amount the trier of fact shall order as child support ... in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter.” § 61.30(l)(a), Fla. Stat. (2013). In determining child support, a trial court is required to first determine each parent’s gross monthly income. See § 61.30(2), Fla....
...Gross income includes: 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. See § 61.30(2)(a)3., Fla. Stat. (2013). After calculating the gross income, a trial court must determine each parent’s net income by subtracting the statutorily-specified allowable deductions from the parent’s gross monthly income. See § 61.30(3)(a)-(g), Fla. Stat. (2013); § 61.30(4), Fla. Stat. (2013). The trial court must then determine the parents’ combined monthly net income. See § 61.30(5), Fla. Stat. (2013). Next, a trial court must determine the child support needed by utilizing the statutorily-provided schedules. See § 61.30(6), Fla. Stat. (2013). Then a trial court must determine each parent’s percentage share of the child support needed by dividing each parent’s monthly net income by the combined monthly net income. See § 61.30(9), Fla. Stat. (2013). Finally, a trial court must determine each parent’s dollar share of the child support needed by multiplying the minimum child support needed by each parent’s percentage share. See § 61.30(10), Fla....
...The lower court also failed to take into account Appellee’s gross income from her bartending business, even if this was a nominal amount. Accordingly, we reverse and remand for the lower court to make a determination as to the downward modification of child support awarded based upon an application of section 61.30, Florida Statutes....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 5156678
...and the adjustments to income."). Thus, should the trial court rely upon such income in calculating the father's child support obligation on remand, the required findings must be made. This brings us to the father's claim regarding child care costs. Section 61.30(7), Florida Statutes, provides, in relevant part, that "[c]hild care costs incurred on behalf of the children due to employment......
...child care costs and the mother thirty-seven percent. This is clearly contrary to the statute. Thus, on remand, the trial court is instructed to determine the amount of child care expenses, to reduce such amount by twenty-five percent as required in section 61.30(7), and then to add each parent's percentage of that amount to his or her child support obligation....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 13207, 2012 WL 3192752
...sband argues that the trial court erred by not considering the amounts he paid in health insurance for his children as child support. It is undisputed that Former Husband did not receive a $475 credit toward his child support obligation, pursuant to section 61.30(8), Florida Statutes. The trial court denied Former Husband’s request to credit him for retroactive child support payments. Section 61.30(8), Florida Statutes, states that Health insurance costs resulting from coverage ordered pursuant to s....
...After the health insurance costs are added to the basic obligation, any moneys prepaid by a parent for health-related costs for the child or children of this action shall be deducted from that parent’s child support obligation for that child or those children. §
61.30(8), Fla. Stat. (2011). In Willey v. Willey,
703 So.2d 1234 (Fla. 4th DCA 1998), this court cited to section
61.30(8), Florida Statutes, and reversed an order modifying child support because of the failure “to deduct the father’s payment of the child’s health insurance from his child support obligation.” Id. at 1234 . Section
61.30(8) provides that “any noncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation.” §
61.30(8), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 3865835, 2014 Fla. App. LEXIS 12140
...The trial court should have
deducted the amount the husband paid from the retroactive child support he owes
the wife.
5
The trial court also abused its discretion by determining the amount of the
husband’s child support obligation without imputing income to him. Section
61.30(2)(b), Florida Statutes (2012), provides that “[m]onthly income shall be
imputed to an unemployed or underemployed parent if such unemployment or
underemployment is found by the court to be voluntary on that parent’s part,
absen...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 11718
...come self-supporting upon completion of the program. Additionally, there was no evidence of the parties’ standard of living during the marriage. We must also find that the trial court erred in not considering an award of retroactive child support. Section 61.30(17),-Florida Statutes (2013), provides the following in, relevant part:- In an initial determination of child support ......
...The statute provides factors that the court must consider in determining retroactive child support, including “[a]ll actual payments made by a parent to the other parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.” § 61.30(17)(b)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 912732
...each parent has the child 50% of the time; 3) proportion the total child support award to each parent, based on the percentage of time each parent has the child with him or her; and 4) offset each parent's dollar responsibility under the guidelines. Id. at 1068. The formula in Jones takes into account the requirements of section 61.30(11)(b), Florida Statutes (1999), and the circumstances involved in rotating custody cases. We recognize that the trial court did not have the benefit of Jones; however, we conclude that the trial court must recompute the amount of child support and each party's responsibility for child support, in accordance with section 61.30, Florida Statutes (1999), and the formula in Jones....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 461177
...The trial court initially determined that the husband was underemployed and imputed income to him. In the first appeal, we remanded this cause for the trial court to determine whether the husband's underemployment was "voluntary" within the meaning of Florida Statutes Section 61.30....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 942040
...me has been retained for noncorporate purposes, such as to shield this income from the reach of the other spouse during dissolution, the improper motive for its retention makes it available `income' under section
61.046(7) or `business income' under section
61.30(2)(a)(3).") The trial court concluded that a presumed income of $17,000 per year for the husband would reflect neither his true income nor his earning capacity....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 20 Fla. L. Weekly Fed. D 826
...First, the interest portion of monthly mortgage payments provided through an equitable distribution scheme does not qualify as interest income within the meaning of the child support guidelines. The guidelines state that "interest and dividends" shall be included in the calculation of each party's income. § 61.30(2)(a)10, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2017 WL 1536066, 2017 Fla. App. LEXIS 5935
...Child Support We review a trial court’s award of child support under the abuse of discretion standard. Parker v. Parker,
141 So.3d 1291 (Fla. 1st DCA 2014). A trial court determines the amount of child support a party owes by utilizing the guidelines set forth in §
61.30, Florida Statutes....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1997 WL 193949
...Abdella's voluntary decision to leave Automated Directories, his second employer, as a basis for this court to uphold the denial of his request for modification. She is correct insofar as it is true that income may be imputed where it is demonstrated that a spouse is voluntary unemployed. § 61.30(2)(b), Fla....
...Voluntary unemployment or underemployment is not a basis for reducing a parent's child support obligation. Under the statutory scheme, once the trial court imputes income to the unemployed or underemployed parent, the court then determines the obligation of each parent as to the guideline amount. § 61.30(9), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1993 WL 125114
...the Uniform Reciprocal Enforcement of Support Act (URESA) for an increase to $650 in the amount of child support. That amount is slightly less than the father's share of the support obligation set forth in the child support guidelines established in section 61.30, Florida Statutes (1991)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 13313, 2010 WL 3477462
...We also affirm the trial court's award of the dependency exemptions to the Former Husband, but remand for correction of the final judgment to reflect that the Former Husband's entitlement to the exemptions is contingent upon his remaining current on his child support obligation. Section 61.30(11)(a)8., Florida Statutes (2008), authorizes the trial court to take into account the "impact of the Internal Revenue Service dependency exemption and waiver of that exemption" in determining the amount of child support....
...t through tax savings." Vick v. Vick,
675 So.2d 714, 719 (Fla. 5th DCA 1996). The trial court cannot allocate the exemption directly; it can only require the custodial parent to execute a waiver transferring the exemption to the noncustodial parent. §
61.30(11)(a)8., Fla....
...er Husband while the Former Wife was unemployed. The trial court did not, however, structure the transfer of the dependency exemptions in accordance with the statutory requirement that the Former Husband be current in his child support payments. See § 61.30(11)(a)8., Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 617, 2013 WL 4734603, 2013 Fla. LEXIS 1892
...The parties shall have time-sharing and parental responsibility in accordance with the Parenting Plan attached as Exhibit- *341 SECTION IV. CHILD SUPPORT 1._Wife_Husband (hereinafter “Obligor”) will pay child support, under Florida’s child support guidelines, section 61.30, Florida Statutes, to the other parent....
CopyCited 1 times | Published | Supreme Court of Florida
..._________ relationship 25. Monthly court-ordered alimony actually paid 25a. from this case: $_________________ 25b. from other case(s): _________________ Add 25a and 25b 25. _________ 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION TOTAL: 26. $_________ 61.30, FLORIDA STATUTES (Add lines 18 through 25) PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17) 27....
...Monthly court-ordered child support actually paid for children from another 24. __________ relationship 25. Monthly court-ordered alimony actually paid 25a. from this case: $ ____________ 25b. from other case(s): ____________ Add 25a and 25b 25. __________ 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, *418 FLORIDA STATUTES (Add lines 18 through 25) TOTAL: 26....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1997 WL 586790
...Chapter 61 demonstrates the intent to pour IRA accounts into the family pot for division or to meet obligations imposed by the chapter. Section
61.076(1), Florida Statutes (1995), declares "all ... funds accrued during the marriage in retirement ... plans" to be marital assets subject to equitable distribution. Section
61.30(2)(a)7, Florida Statutes (Supp.1996), requires that pension, retirement or annuity payments be included as gross income in determining child support obligations....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14108, 2009 WL 3018127
...insurance payments made by the former wife. A child support determination is within the sound discretion of the trial court, subject to the statutory guidelines and the reasonableness test. Ondrejack v. Ondrejack,
839 So.2d 867 (Fla. 4th DCA 2003). Section
61.30, Florida Statutes, sets forth the child support guidelines and provides that child care costs incurred due to employment, job search or education shall be reduced by 25% and then added to the basic obligation....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1996 WL 577272
...eir parents, who have nearly comparable incomes. [1] *1086 If the guidelines do not cover this circumstance, as both parties and the dissent seem to agree, we think it impossible to contend that there has been an unwarranted deviation from them. See § 61.30, Fla....
...The exact method suggested in the dissent was not raised or argued by the parties, although it is similar to the one argued by appellant. It was thus never considered by the trial judge. We do not believe, moreover, that it is necessarily required by anything contained in section 61.30....
...On the other hand, if the trial judge had employed the dissent's suggested method, we would not find its usage an abuse of discretion. A trial judge would certainly be free to apply the suggested method when the judge finds the circumstances appropriate to do so. Unless it is adopted by the legislature as part of section 61.30, however, we are unable to agree with the dissent that it is the exclusive method available to the judge who is faced with separating the custody of 3 children between 2 parents with roughly equivalent income....
...The wife earns a net monthly income of $2,567.70, and the husband earns a net monthly income of $2,012.15. The wife pays for the health insurance for all of the children. There are also child care costs for the two younger children, 75% of which amounts to $127.50 per month. See § 61.30(7)-(8), Fla....
...________ Combined net monthly income $4579.85 ======== Guidelines support amount ($1450) plus health insurance & child care costs $1791.10 Wife's share (56%) of support obligation [2] $1003.00 Husband's share (44%) of support obligation $ 788.00 See § 61.30....
...nthly income ($2012.15$788) $1224.15 ________ Combined reduced net monthly income $2788.85 ======== Guidelines support amount $ 607.00 Wife's share (56%) of support obligation $ 339.92 Husband's share (44%) of support obligation $ 267.08 *1087 See § 61.30....
...surance & child care cost $1535.02 Wife's share (56%) of support obligation $ 859.61 Husband's share (44%) of support obligation $ 675.41 Offset wife's obligation to one child from husband's obligation to two children ($675.41$522.48) $ 152.93 See § 61.30....
...lus health insurance & child care costs $1543.69 Husband's share (44%) of support obligation for two children residing with wife $ 679.22 Offset wife's obligation to one child from husband's obligation to two children ($679.22$336.74) $ 342.48 See § 61.30....
...lus health insurance & child care costs $1791.02 Husband's share (44%) of support obligation for two children residing with wife $ 788.05 Offset wife's obligation to one child from husband's obligation to two children ($788.05$522.48) $ 265.57 See § 61.30....
...Substantial discretion was removed from the trial court in making individual child support determinations unless the trial court states in writing its reasons for not following the guidelines where there is a deviation of more than five percent from the guidelines amount. § 61.30(1)....
...urt hears the case and that court's facility with mathematics, I believe that, in the absence of legislative direction, we must adopt a uniform method of calculation. Then a trial court may deviate from its minimum amount in accordance with sections 61.30(1) and 61.30(11)(g)....
...Her net monthly income is $2568 and his is $2012. She bears the cost of health insurance and part of the child care costs. [2] Each parent's percentage share of the child support obligation is determined by dividing each parent's net income by the combined net income. § 61.30(9)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4489182
...the time." The trial court found that the father's monthly obligation ought to lie somewhere in-between the two figures urged by the parties, and thus, the trial court averaged the two figures. This was not an abuse of the trial court's discretion. Section 61.30(11)(a)(11), Florida Statutes (2007), provides that when setting a party's monthly child support obligation, a trial court may consider "[a]ny other adjustment which is needed to achieve an equitable result." In addition to the statutory...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 31202718
...use appellant failed to object to the test results that showed a 99.99 percent probability that he is the child's father. We affirm the trial court's finding that appellant is voluntarily unemployed, thereby warranting the imputation of income under section 61.30(2)(b), Florida Statutes (1999); however, we reverse the imputation *800 of $2,000 per month net income to appellant, because the amount is not supported by competent, substantial evidence. The trial court is directed on remand to follow the procedures outlined in subsections 61.30(2)(b)-(6) in determining the amount of gross income to impute to appellant based on his work history and/or current earnings from his corporate golf sponsorship, the allowable deductions, and the amount of net income to be imputed to appellant prior to determining the amount of child support under subsection 61.30(6). In addition, the trial court is directed to consider subsection 61.30(17) in the event retroactive child support is awarded on remand....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 5762985, 2013 Fla. App. LEXIS 17054
...However, it is unclear from the record whether the policy is one whose beneficiary designation *624 is protected under the SGLIA. The policy was not entered into evidence, nor does the record contain other evidence resolving the issue. We are therefore unable to determine whether this application of section 61.30(3) has been federally preempted by the SGLIA....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 15589, 2010 WL 4024751
...We affirm -without elaboration the order of the trial judge allowing relocation and requiring the payment of a partial equitable distribution. We reverse, however, the order as it concerns child support. With respect to child support the order of the trial court contained no findings pursuant to section 61.30, Florida Statutes (2009), and no worksheet in support of the award....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 15572, 2010 WL 3984611
...re no disputed issues of material fact and that the moving party is entitled to judgment as a matter of law. Holl v. Talcott,
191 So.2d 40 (Fla.1966). Ms. Smith did not meet her burden in this case. The summary judgment at issue here was premised on section
61.30(11)(b), Florida Statutes (2009), a subsection of the child support guidelines statute. It provides that when a parenting plan calls for a child to spend a "substantial amount of time" with each parent, the guidelines child support shall be adjusted according to a formula set forth in the subsection. §
61.30(11)(b)(1)-(6). For purposes of this statute, "`substantial amount of time' means that a parent exercises visitation at least 40 percent of the overnights of the year." §
61.30(11)(b)(8)....
...Smith maintained that she was entitled to summary judgment because it was undisputed that the parties' dissolution judgment provided *930 for her to have the child for more than 40 percent of the overnights of the year and the guidelines support adjustment contemplated by section 61.30(11)(b) is mandatory....
...Granted, the statute contemplates that the support adjustment is to be based on the parenting schedule as it is set forth in the visitation order; a parent's subsequent failure to actually exercise the amount of overnight visitation that has been ordered is ground for retroactively modifying the adjusted support. § 61.30(11)(c); Keeley v....
...sities of the home for the child, the likelihood that either parent will actually exercise the time-sharing schedule set forth in the parenting plan granted by the court, and whether all of the children are exercising the same time-sharing schedule. § 61.30(11)(b)(7)....
...The referenced paragraph (a) contains a list of factors that can justify a deviation from the standard guidelines child support amount. By virtue of the foregoing provision, the listed factors can also justify a deviation from the adjusted child support award calculated under section 61.30(11)(b)....
...Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or *931 debt which the parties jointly incurred during the marriage. § 61.30(11)(a) (emphases supplied)....
...Subsection (11)(b) plainly states that the court may deviate from an adjusted child support award in light of "the likelihood that either parent will actually exercise the time-sharing schedule set forth in the parenting plan granted by the court." § 61.30(11)(b)(7)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16558, 2009 WL 3670354
...gations. She received ownership of the accounts pursuant to the parties' postnuptial agreements and they were already generating monthly income by the time the final order was entered. Inclusion of these earnings in the wife's income was mandated by section 61.30(2)(a)(10) of the Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 3180004
...l 23, 2004. We write to briefly address several issues. Former husband complains that the trial court failed to deduct from his child support obligation the cost of the health insurance for the minor children. For authority, the former husband cites section 61.30(8), Florida Statutes (2004) and Willey v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4998684
...Child Support We also agree with the wife that the trial court erred when it reduced the husband's income during the court's calculation of child support. The record evidence simply does not support the trial court's determination of child support. Section 61.30, Florida Statutes (2008), sets forth the child support guidelines....
...band's *1096 obligation to pay for health insurance aspirational. The payment of health insurance should not be made obligatory only if it is "financially feasible." This does not comply with the statute establishing the payment of health insurance. Section 61.30(8) sets forth a requirement that health insurance costs "shall be added to the basic obligation." The trial court is indeed obligated to make a specific provision regarding a child's health insurance....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 18068, 2010 WL 4703852
...The second amended final order of dissolution of marriage provides "child support cannot be ordered at this time" due to the parents' lack of employment, but that "[j]urisdiction is reserved to award child support in the future once either or both of the parties have incomes." Pursuant to section 61.30, Florida Statutes, incomes of the parents are not limited to salary or wages, but include unemployment benefits, retirement payments, income from assets, and several other sources of income. § 61.30(2)(a)1. 14., Fla. Stat. The trial court's observation that neither parent was employed at the time of the final hearing did not preclude an award of child support or justify deferral of a decision on child support. See § 61.30(6), Fla....
...Likewise, the reservation of jurisdiction to make a final determination on child support is reversed and remanded. On remand, the trial court shall either grant or deny child support. The court's determination shall be based on its specific findings regarding the parties' incomes in all forms, as described in section 61.30(2), Florida Statutes, and each parent's percentage share of the child support need pursuant to section 61.30(9), Florida Statutes, as of the time of remand....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1991 WL 244670
...d, the trial court is not shown to have imputed to her the income which the evidence indicates she could earn. There was no finding by the court of a need for the mother to be underemployed in order to stay home with the children in her custody, see § 61.30(2)(b), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 6097226, 2013 Fla. App. LEXIS 18409
...Upon a proper motion, the trial court may award temporary child support to Ms. Hernandez 3 under section
742.031(1) of the Florida Statutes, which provides, in part: “The court shall issue, upon motion by a party, a temporary order requiring child support pursuant to s.
61.30 pending an administrative or judicial determination of parentage, if there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence.” Therefore, upon Ms. Hernandez’s motion, the trial court may order Mr. Car-menates to pay temporary child support under section
61.30, if appropriate....
...transcript of the hearings held before the trial court; (2) the orders entered by the trial court do not refer to temporary child support; and (3) the trial court could not have completely addressed the child support guideline factors as required in section 61.30, Florida Statutes (2013), because the lower tribunal docket indicates that only one financial affidavit has been filed in the paternity action....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 17371
...The court found that
Former Husband paid $9333.24 in child support during this period, resulting in post-
petition arrearages of $11,050.76 and, therefore, a total child support arrearage of
$26,050.83, which the trial court ordered to be repaid in full by Former Husband at the
rate of $750 per month.
2 Section 61.30, Florida Statutes (2013), codifies and explains both the mechanism
for computing child support in Florida as well as numerical guidelines providing the
presumptive amount of child support to be paid based on the trial court’s factual...
...hild
support obligation. Admittedly, the parties had provided in their MSA that Former
Husband’s child support payment was to be adjusted as each child became emancipated
in accordance with Florida’s child support guideline statute, section § 61.30....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 17143, 2010 WL 4483712
...e of proceeding to establish administrative support order and a blank financial affidavit form." §
409.2563(4), Fla. Stat. (2009). DOR then calculated Mr. Selles's "child support obligation under the child support guidelines schedule as provided by s.
61.30, based on any timely financial affidavits received and other information available to the department." §
409.2563(5)(a), Fla....
...him that DOR would review financial affidavits it had requested from both parents (along with all other available, reliable information), then prepare a Proposed Order of Paternity and Administrative Support, based on the child support guidelines in section 61.30, Florida Statutes....
...L.F.,
736 So.2d 782, 784 (Fla. 2d DCA 1999). [6] The formula for calculating the child support obligation of the parent from whom support is being sought requires, to be sure, information about both parents' finances, and yields results with implications for both parents. Section
61.30 contains the child support guidelines. The trier of fact may order payment of child support ... 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. §
61.30(1)(a), Fla. Stat. (2009). "[T]he department may establish a parent's child support obligation pursuant to this section, s.
61.30, and other relevant provisions of state law." §
409.2563(2)(c), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...1st DCA 1999) (citations
omitted).
In determining imputation of income for alimony awards, the
courts have applied the same factors as those applied to imputing
income for child support. Gray v. Gray,
103 So. 3d 962, 967 (Fla.
1st DCA 2012) (citing Smith v. Smith,
737 So. 2d 641 (Fla. 1st DCA
1999)). Section
61.30(2)(b), Florida Statutes (2014), states in
relevant part:
Monthly income shall be imputed to an unemployed or
underemployed parent if such unemployment or
underemployment is found by the court to be voluntary
on that par...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 7185, 2008 WL 2119842
...At the hearing, the former husband testified as to all the expenses he had paid in the months leading up to the hearing. In the final judgment, the trial court awarded the former husband child support for the former wife’s share of the child’s expenses, retroactive to August 1, 2006. This was error. Under section 61.30(17), Florida Statutes (2005), the former husband was not entitled to retroactive child support for the time the parties continued to reside together: In an initial determination of child support, whether in a paternity action, dissoluti...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 971346
...She alleged that appellant was currently employed and receiving a gross yearly income of $47,000. Appellant subsequently filed his amended financial affidavit on April 9, 2001, which reflected a net monthly income of $2,028, with the allowable deductions under section 61.30(3), Florida Statutes (2000)....
...See Horn v. Dep't of Revenue,
752 So.2d 687 (Fla. 3d DCA 2000) (stating that, in paternity suits, the trial court should award retroactive child support to date of child's birth); Johns v. Richards,
717 So.2d 1103 (Fla. 4th DCA 1998) (same); see also §
61.30(17), Fla....
...Appellee's financial affidavit for 2001 showed a net monthly income of $1,115. After March 2001, the child care cost dropped to $413 a month. Adding 25% of $413, which is $310, to the base support obligation of $673 gives the total support obligation as $983. See § 61.30(7), Fla....
...(2000) (providing that child care costs be reduced 25% before adding to the basic child support obligation). Therefore, appellant's ongoing child support obligation is $634. However, this amount is contingent on the amount of health insurance provided for the minor child. See § 61.30(8), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1999 WL 294449
...Based on the child support guidelines in effect at the time of the modification proceedings, the general master properly deducted from the husband's income, and added to the wife's income, spousal support paid pursuant to court order in the marriage before the court. See § 61.30(2)(a)9, (3)(g), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 545091
...the others. We also find merit in the former wife's cross-appeal. The former husband argues that before calculating child support, the trial court did not deduct from his gross income the alimony obligation payable to the former wife as required by section 61.30(3)(g), Florida Statutes (2002)....
...We also remand for recalculation of the child support to be paid by the former husband. We affirm the final judgment in all other respects. REVERSED AND REMANDED. WARNER, POLEN and HAZOURI, JJ., concur. NOTES [1] The trial court properly included the alimony as income to the former wife as required in section 61.30(2)(a)9....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 3147, 2015 WL 965647
...ying his payment to the children’s mother and custodial parent, Joyce Kemper (“Mother”). Father argues that the Supplemental Security Income (“SSI”) Mother receives as a result of her disability should be included in her gross income under section 61.30(2), Florida Statutes (2014), when calculating Father’s child support obligation....
...5th DCA 2002)). However, “[t]he interpretation of a statute is a purely legal matter and therefore subject to the de novo standard of review.” Kephart v. Hadi,
932 So.2d 1086, 1089 (Fla.2006) (citing Armstrong v. Harris,
773 So.2d 7, 11 (Fla.2000)). Section
61.30(2) provides a thorough, non-inclusive list of forms of income that are to be included in the calculation of a parent’s gross income. The list expressly includes “disability benefits.” §
61.30(2)(a)4., Fla. Stat. “Disability benefits” within the meaning of section
61.30 includes Social Security Disability Insurance (“SSDI”) and veteran’s disability benefits....
...2d DCA 2007) (noting that “anyone receiving SSI is excused from paying support” (citing §
409.2561(4), Fla. Stat.)). The Legislature chose not to exclude SSI from the calculation of gross income when it created the public-assistance exception. §
61.30(2)(c), Fla....
...Title XVI of the Social Security Act addresses SSI. We presume that the Legislature, if it so intended, could have excluded SSI from gross income by including SSI in the public-assistance exception. 2 We conclude that because SSI is a disability benefit under section 61.30 and the Legislature has not chosen to exclude SSI as public assistance, SSI should be included in the calculation of gross income....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3452, 2012 WL 695639
...The order is appealable pursuant to section
120.68, Florida Statutes. The Department of Revenue concedes that the final order erroneously imputes income to Mr. Myles without adequate explanation. There is no finding that Myles is voluntarily unemployed, as that term is used in section
61.30(2)(b), Florida Statutes and there is no finding that either parent failed to file a financial affidavit or that there was a lack of sufficient reliable information concerning Mr....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2017 WL 1177588, 2017 Fla. App. LEXIS 4189
...er
to award fees to the former wife. Rather, the trial court used a method
of apportioning the attorney’s fees in accordance with the same
percentages of child support they were required to pay as per the final
judgment and section 61.30, Florida Statutes (1991)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1989 WL 27948
...District Court of Appeal of Florida, Fourth District. March 29, 1989. *254 Susan K.W. Erlenbach of Erlenbach & Erlenbach, P.A., Titusville, for appellant. J. Brian Brennan, West Palm Beach, for appellee. PER CURIAM. We affirm as to all issues except the award of child support. Section 61.30(2)(b), Florida Statutes, provides that: Income shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which that parent has no control......
CopyCited 1 times | Published | Florida 5th District Court of Appeal
losses by competent, substantial evidence. See §
61.30(2)(a)3, Fla. Stat. (2014) (defining “business income”
CopyCited 1 times | Published | Supreme Court of Florida
...ere]] *277 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (03/15) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
....915; and Florida Rule of Judicial Administration 2.516. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 4522
...the former husband being current in his child support obligations.
We review a trial court’s decision on which parent can claim a
dependency exemption for income tax purposes for an abuse of discretion.
Salazar v. Salazar,
976 So. 2d 1155, 1158 (Fla. 4th DCA 2008).
“Section
61.30(11)(a)(8) authorize[s] the circuit court to consider the
impact of the dependency exemption in determining the child support
award.” El-Hajji v....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1990 WL 29565
...Although we recognize that child support guidelines do not "apply to parents with a combined net income in excess of $50,000 per year," we likewise recognize "such persons shall be subject to child support orders based upon individual case by case review." § 61.30(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 2336, 2001 WL 201933
...r Husband for housing, travel and taxes. Mr. Hux did testify that these allowances and compensation did reduce the Former Husband’s living expenses. The Court finds that the allowances and reimbursed expenses are income pursuant to Florida Statute 61.30....
...000 per year. 7. The Former Wife is employed as a school teacher and has an available income of $1,500 per month. 8. The $1,000 support per month currently paid by the Former Husband is inadequate and falls far below that required by Florida Statute 61.30....
...calculated by the expert. We note, however, that the trial court, as trier of fact, was not obligated to accept the expert testimony, see Easkold v. Rhodes,
614 So.2d 495 (Fla.1993), particularly where, as here, its task was to apply the language in section
61.30, Florida Statutes to the facts before it....
...eatest discretion. See Peralta v. Peralta,
765 So.2d 894 (Fla. 4th DCA 2000). Support calculations are predicated on net income. Shrove v. Shrove,
724 So.2d 679 (Fla. 4th DCA 1999). The trial court is required to determine net income based *619 upon section
61.30, Florida Statutes, by determining “gross income” as defined at subsection (2)(a) 1-14 and then subtracting from this figure “allowable deductions” as defined in subsection (3)(a)-(g). 1 The trial court reduced Reinaldo’s gross income of $298,351.00 to $230,000.00 explaining that the allowances and reimbursed expenses which Hux had reduced from Reinaldo’s gross income are in fact income under section
61.30....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 833126, 2012 Fla. App. LEXIS 4088
...om the child support guidelines based on a visitation arrangement not contained in a court-approved or court-ordered parenting plan. We reverse based on this court's recent decision in Department of Revenue v. Daly,
74 So.3d 165 (Fla. 1st DCA 2011). Section
61.30(11)(a), Florida Statutes (2011), permits deviation from the child support guidelines and enumerates the equitable factors a court or an ALJ may consider....
...Noting this, the ALJ relied on subsection (11)(a)11, known colloquially as the "catch-all" provision, to depart downward from the child support guidelines in setting the appellee's monthly support obligation. In Daly, this court reversed a similar downward deviation and held that on the matter of time-sharing, section 61.30(11)(a) only permits deviation based on a court-approved parenting plan with a time-sharing arrangement, and that the "Any other adjustment" language in the catch-all provision does not permit deviation based on an informal visitation arrangement between the parents....
...Therefore, we reverse the order and remand for further proceedings consistent with Daly. REVERSED and REMANDED. DAVIS and MARSTILLER, JJ., concur. BENTON, C.J., concurs with opinion. BENTON, C.J., concurring. If we were writing on a clean slate I would vote to affirm, and to approve the ALJ's interpretation of section 61.30(11)(a)11, Florida Statutes (2011), in the present case.
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 3204, 2011 WL 824480
...fore REVERSED and REMANDED for further proceedings to comply with the referral order and rule 12.490(e) and (f), Florida Family Law Rules of Procedure. If a final order modifying child support is entered, it shall refer to the applicable portions of section 61.30, Florida Statutes and include particular findings thereunder, to facilitate appellate review of such order....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2771, 2006 WL 473571
...It also provided that, absent unforeseen circumstances, the parties agreed to a 5% increase of child support each year. The agreement specifically noted: The parties recognize that the support amounts set forth herein may vary more than five percent from those amounts set forth in F.S. 61.30, but agree that the amounts set forth herein are fair and equitable in consideration of the present needs and requirements of the minor children, the available assets of the parties, and the division of marital assets provided for herein....
...f anything the guidelines call for the child support to be less.” As we said in Fleischmann v. Fleischmann,
868 So.2d 1, 2-3 (Fla. 4th DCA 2004), Florida courts have consistently held in those cases that the payor-spouse could not use the statute [section
61.30] as the sole basis for relief from an agreed-to, judicially adopted child support order without a showing of independent changed circumstances....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 8404, 2011 WL 2200782
...We now turn to the issue of the trial court's imputation of income to the former wife. "In considering the imputation of income, the standard of review is whether the trial court's determination is supported by competent, substantial evidence." Zarycki-Weig v. Weig,
25 So.3d 573, 575 (Fla. 4th DCA 2009). Section
61.30(2)(b), Florida Statutes (2009), governs the imputation of income for child support purposes: Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment *1198 is found by the court to be voluntary on that parent's part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control. §
61.30(2)(b), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 2005 WL 1530359
...the above visitation or time sharing schedule been agreed to by the parties? () yes ( ) no SECTION IV. CHILD SUPPORT [all that apply] ___ 1. Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...do so. Petitioner has custody of the minor child(ren) or the child(ren) has (have) primary residence with Petitioner. [all that apply] ___ 1. Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...4) ___________ (4) ___________ (5) ___________ (5) ___________ (6) ___________ (6) ___________ SECTION III. CHILD SUPPORT [all that apply] 1. Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 9742, 2015 WL 3903553
...00 was appropriate. Wife contends that this was error because the trial court did not find that she was voluntarily unemployed or underemployed, and it did not address the evidence presented that she was trying to find work, but could not. We agree. Section 61.30(2)(b), Florida Statutes, provides in pertinent part that “[m]onthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9117, 2010 WL 2509134
...at the parents paid to their son, for purposes of child support the court attributed $1,400 in income to the husband as the value of the rent of the home in which his parents allowed him to live. The court found that this was appropriate pursuant to section 61.30(2)(a)13., Florida Statutes, which requires inclusion in income of "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses." The parents' provision of the home in which the husband lived rent free may qualify as an in-kind payment to the husband....
...Although generally such payments are employer-related, nothing in the statute precludes any such payments to the extent that they reduce living expenses. See, e.g., Garcia v. Garcia,
560 So.2d 403 (Fla. 3d DCA 1990) (living expenses of husband paid for by his father should be considered pursuant to section
61.30(2)(a)13., Florida Statutes, in determining husband's income for purposes of child support)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 8722, 2010 WL 2430982
...proceedings to determine the Father's income. The Father argues that the trial court abused its discretion in failing to adjust his child support obligation for the months in which he was awarded makeup time with his son, pursuant to the dictates of section 61.30(1)(a), Florida Statutes (2009)....
...ther parent. This requirement applies to any living arrangement, whether temporary or permanent." The final judgment does not contain an adjustment to the Father's child support obligation for the makeup period. In light of the mandatory language of section 61.30(1)(a), we must reverse and remand for compliance with the statute....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 2501986, 2013 Fla. App. LEXIS 9269, 38 Fla. L. Weekly Fed. D 1287
...n also requires that the trial court “apportion the cost of health insurance, and any noneov-ered medical, dental, and prescription medication expenses of the child, to both parties by adding the cost to the basic obligation determined pursuant to s. 61.30(6).” Id.; see also § 61.30(8) (“Health insurance costs resulting from coverage ordered pursuant to s....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 8212, 2010 WL 2330251
...The order established child support at $274 per month, a downward departure of $200 per month from the guideline calculation provided by the Mother and of $164 per month from the guideline calculation provided by the Father. The court stated the downward departure was appropriate "pursuant to section 61.30(11)(a)(10) [,Florida Statutes (2007),] based upon the Father's significant time sharing, driving for purposes of visitation, and the Father's inability to pay the guideline support coupled with his current arrears." The trial court esta...
...its discretion is for the trial court to make explicit findings either on the record or by written order.") Further, "current arrears" in child support payments cannot be utilized to reduce a child support award. Arrearage is not a listed factor in section 61.30, although subsection (11)(a)(11) notes that a trial court may adjust the minimum child support award based upon the following consideration: 11....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...The order established child support at $274 per month, a downward departure of $200 per month from the guideline calculation provided by the Mother and of $164 per month from the guideline calculation provided by the Father. The court stated the downward departure was appropriate “pursuant to section 61.30(ll)(a)(10) [,Florida Statutes (2007),] based upon the Father’s significant time sharing, driving for purposes of visitation, and the Father’s inability to pay the guideline support coupled with his current arrears.” The trial cour...
...iscretion is for the trial court to make explicit findings either on the record or by written order.”) Further, “current arrears” in child support payments cannot be utilized to reduce a child support award. Arrearage is not a listed factor in section 61.30, although subsection (11)(a)(11) notes that a trial court may adjust the minimum child support award based upon the following consideration: 11....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...A trial court’s award of attorney’s fees is reviewed for an
∗
We do note that the former husband failed to raise in his
motion for rehearing any argument that the child support award
lacked the necessary written findings to support a variance of more
than 5% from the guideline amount as required by section
61.30(1)(a), Florida Statutes (2016)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2017 WL 2858897, 2017 Fla. App. LEXIS 9638
...(2014) (requiring consideration
of the financial resources of both parties, including nonmarital assets, in
determining alimony); §
61.16(1) Fla. Stat. (2014) (requiring consideration
of parties’ financial resources in determining whether to award attorney’s
fees); §
61.30(11)(a)7....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 1332305
...d support obligation as found in the Final Judgment of dissolution of his marriage to appellee Helene Constantino ("Helene") entered July 26, 2001. We agree with Esmeraldo's contention the lower court improperly computed his support obligation under section 61.30, Florida Statutes and, therefore, reverse....
...Undercuffler,
798 So.2d 867 (Fla. 4th DCA 2001). [1] Furthermore, we find the lower court erred in computing the amount of time the children would spend with each parent, by computing custody based on hours, not overnights spent in each parent's respective control. Section
61.30(1)(a), Florida Statutes (2001), provides: [T]he trier of fact shall order payment of child support which varies from the guideline amount as provided in paragraph (11)(b) whenever any of the children are required by court order or media...
...This requirement applies to any living arrangement, whether temporary or permanent. Subsection (11)(b), alluded to above, defines a "substantial amount of time" as an arrangement where the noncustodial parent exercises visitation at least 40 percent of the overnights of the year. § 61.30(11)(b)(10), Fla....
...d by the court in its final judgment of dissolution, Esmeraldo would have custody of the children more than 40% of the overnights. Thus, Esmeraldo is entitled to a "substantial reduction" in his guidelines child support obligation as provided for in s.
61.30(11)(b), and the trial court's failure to calculate his support obligation using those necessary adjustments constitutes an abuse of discretion. See Arze,
789 So.2d at 1144-45 (the amended version of s.
61.30, effective July 1, 2001, is remedial legislation that should be retroactively applied, even if the petition for dissolution was filed prior to its effective date). Notwithstanding, we decline Esmeraldo's invitation for this court to recalculate his support obligation under section
61.30. We note section
61.30(11)(b) merely provides a presumption of what a nonresidential parent's child support obligation should be, a figure from which the trial *158 court may deviate, in exercise of its discretion, in setting the final support obligation. See, e.g., §§
61.30(11)(a)(1-11),(11)(b)(9). In this vein, on remand the parties shall have the opportunity to present additional evidence relevant to this re-determination of the final support obligation under section
61.30....
...GROSS and TAYLOR, JJ., concur. ON MOTION FOR CLARIFICATION PER CURIAM. Appellant's June 25, 2002, motion for clarification is granted and we clarify our original opinion issued June 19, 2002, as follows. On remand, in redetermining the final support obligation under section 61.30, Florida Statutes, the trial court may receive and consider all relevant factual evidence, including evidence of any factual matters which may have arisen subsequent to the initial determination. POLEN, C.J., GROSS and TAYLOR, JJ., concur. NOTES [1] We note this court's opinion in Arze was not issued until after the final hearing was held. Notwithstanding, the holdings reached in Arze, specifically its interpretation of s. 61.30, are to be retroactively applied, discussed, infra.
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...granting motion for contempt for enforcement, the parties agree that the trial court
erred in utilizing the mother’s income as reported in her bi-weekly pay statement
as her monthly income. The parties also agree that the trial court failed to comply
with section 61.30(3), Florida Statutes (2013), in determining the correct
deductions from the mother’s gross income.
The standard of review from the grant of a child support award is abuse of
discretion....
...Finding no substantial, competent evidence to support
the trial court’s finding of the mother’s net income, we reverse and remand.
In doing so, we remind the parties and the trial court that the definition of
“gross income” includes “allowances,” per section 61.30(2)(a), Florida Statutes
(2013), and that support for each child continues until the child turns nineteen or
graduates from high school, whichever occurs first, per the marital settlement
agreement.
On remand, the trial court i...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 11175, 2016 WL 3946806
...First, the court must determine whether the parent's unemployment is voluntary.
Cash,
122 So. 3d at 434. If so, the court then determines what level of income to
impute. Id. When there is no evidence that a parent is voluntarily unemployed,
imputing income is error. See §
61.30(2)(b), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 WL 2836405
...v. Maria QUINTERO, Appellee. No. 10-169. District Court of Appeal of Florida, Third District. July 21, 2010. Martin J. Rivas, for appellant. Maria Quintero, in proper person. Before GERSTEN, ROTHENBERG, and SALTER, JJ. *883 PER CURIAM. Affirmed. See § 61.30(17), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 10488, 2015 WL 4154179
...owed by
him. When a parenting plan provides that the children will spend a "substantial amount
of time" with each parent, defined as at least twenty percent of the overnights per year,
the award of child support should be adjusted as set forth in section 61.30(11)(b),
Florida Statutes (2013), requiring calculation based in part on the percentage of
overnights the children spend with each parent. § 61.30(11)(b). The statute
presumptively establishes the amount of child support the court should award in each
case. See § 61.30(1)(a).
However, in calculating child support pursuant to section 61.30(11)(b), the
court may deviate from the presumptive amount based on numerous factors, including
the obligee parent’s low income and ability to maintain the
basic necessities of the home for the child, the likelihood that
either parent will actually exercise the time-sharing schedule
set forth in the parenting plan . . . and whether all of the
children are exercising the same time-sharing schedule.
§ 61.30(11)(b)(7); see also § 61.30(11)(a); Smith v....
...If the trial court wishes to
deviate from the presumptive amount by more than five percent, the final judgment must
include findings of fact to support the deviation and "explain why the guidelines amount
is unjust or inappropriate." Wilcox,
35 So. 3d at 139 (citing §
61.30(1)(a)); see also
-3-
Pridgeon v....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 9970, 2015 WL 4002203
...The court
treated any expenditures on the parties’ three minor children made by the
husband, who enjoys fifty-percent time-sharing, as largely incidental.
Over his objection, the trial court declined to apply the child support
guidelines contained in section 61.30, Florida Statutes (2014). This was
error.
The guidelines are the starting point for determining temporary child
support, just as they are for final child support orders. § 61.30(1)(a), Fla.
Stat....
...Burkhart,
620 So. 2d 225, 226 (Fla. 1st DCA 1993).
After calculating a guideline amount based on each parent’s net
monthly income and the children’s need for support, the trial court may
deviate from the guideline amount based on a variety of factors. §
61.30(1)(a), (11), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 996
...The father now appeals that order, arguing that the trial court improperly calculated the new amount and wrongly applied the new figure retroactively. I. First, the father argues that the trial court was wrong to use the so-called “gross-up method” found in section *1279 61.30(ll)(b), Florida Statutes (2015)....
...at (ll)(b)(8), and because the child spends less than twenty percent of his nights with the father, the trial court should not have used the gross-up method. The mother defends the trial court’s decision by arguing that the trial court has discretion to deviate from the guidelines, irrespective of section 61.30(ll)(b). That is true as a general matter, but any deviation beyond five percent of the guideline amount requires a written finding “explaining why ordering payment of [the] guideline amount would be unjust or inappropriate.” § 61.30(l)(a), Fla....
...lternate award. II. The father also argues that the trial court was wrong to make its child-support order retroactive. Although the amount of the retroactive award was improperly calculated, the trial court was correct to award relief retroactively. Section 61.30(ll)(c), which authorizes a modification based on a parent’s failure to regularly exercise time-sharing, also provides that “[a] modification pursuant to this paragraph is retroactive to the date the noncustodial parent first failed...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 25 Fla. L. Weekly Fed. D 350
...h under the guidelines. The court did not state at the hearing or in the order its rationale for reducing the father's obligation. The father provided no evidence that there was a substantial change in circumstances. If the court was operating under section 61.30(1)(b), Florida Statutes (1999), [1] case law discloses that the statute is inapplicable to a situation, such as that at bar, in which a parent agrees to pay an amount above the guidelines and later files for modification to obtain a reduction, without showing any decrease in income or in the child's needs....
...idelines alone. [2] REVERSED and REMANDED with directions to reinstate the child-support obligation from the final judgment at dissolution as well as the father's arrearage. ERVIN and JOANOS, JJ., and SMITH, LARRY G., Senior Judge, CONCUR. NOTES [1] Section 61.30(1)(b) provides: The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted....
...at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances. [2] We also question whether the reduction from $400 to $348 per month satisfies the requirement in section 61.30(1)(b) that there be a 15 percent or $50 difference....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 581, 2011 WL 252940
...er Husband for the period spanning August 31 to October 16, 2007. As such, it was error to include the sums due for this time period in the calculation that was the basis for the amount of retroactive child support awarded in the final judgment. See § 61.30(17)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 865, 2015 WL 292499
...1 We reverse. To impute income for the purposes of child support and alimony, a trial court must first find the parent is voluntarily underemployed or unemployed, not due to a physical or mental incapacity or other circumstance beyond the parent’s control. §
61.30(2)(b), Fla. Stat.; Swain v. Swain,
932 So.2d 1214, 1215 (Fla. 1st DCA 2006). If the court makes this finding, it must impute income. §
61.30(2)(b), Fla....
...ased on “particularized findings relating to the current job market, ... recent work history, ... occupational qualifications, and the prevailing earnings level in the local community.” Rabbath v. Farid,
4 So.3d 778, 782 (Fla. 1st DCA 2009); see §
61.30(2)(b), Fla. Stat. The court must make specific findings of fact. §
61.30(2)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1996 WL 47690
...The father is a professional football player earning $800,000 per year. The hearing officer established that the child's monthly needs were more than adequately met with a payment of $2000 and recommended that any amount in excess of that amount paid pursuant to the Child Support Guidelines contained in section 61.30, Florida Statutes (Supp.1994), should be placed in trust for the child pursuant to the provision of the Florida Uniform Transfers to Minors Act....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 1556, 2015 WL 477876
...’s temporary child support obligation. In Buhler v. Buhler,
913 So.2d 767 (Fla. 5th DCA 2005), we ruled that a trial court must reduce the support obligation of a parent who has visitation for a “substantial amount of time” with a child. Under section
61.30(11)(b)8., Florida Statutes, a “substantial amount of time means that a parent exercises time-sharing at least 20 percent of the overnights of the year.” The Seventh Judicial Circuit timesharing guidelines — under which the parties...
...order. Former Wife clearly exercised more than zero overnights with the children, and likely exercised up to 36 percent of overnights, thereby requiring the trial court to factor in the overnights when calculating temporary child support pursuant to section 61.30(ll)(b)8....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 444040, 2014 Fla. App. LEXIS 1453
...nge of circumstances. Fourth, the court concluded that the former husband’s child support obligations should be determined by applying the former husband’s and the former wife’s gross annual incomes to the child support guidelines. Pursuant to section 61.30(l)(a), Florida Statutes (2012), the court then considered all relevant factors, including the former husband’s income and the difference between the former husband’s original child support obligation and the presumptive guideline amount, and increased the presumptive guideline amount by five percent....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 175218
...Every parent has a legal duty to support his or her child. Erwin v. Everard,
561 So.2d 445 (Fla. 5th DCA 1990). In furtherance of this duty, public policy favors imposing on parents an obligation to contribute to the child's support. Wollschlager v. Veal,
601 So.2d 274, 276 (Fla. 1st DCA 1992). Thus, section
61.30(9), Florida Statutes (2000) provides that "[e]ach parent's percentage share of the child support need shall be determined by dividing each parent's net income by the combined net income." To make the required calculation, the income of both parents should be considered, if reasonably possible....
...This information is certainly relevant to the determination of the child support award sought against Williams since there was no evidence to suggest that her parental rights had been terminated or that she was deceased, in prison or otherwise unable to contribute to her child's support. See § 61.30, Fla.Stat....
...n of income based on his ability to pay bills in one randomly selected month is not supported by substantial competent evidence. The only authority for imputing income requires a finding that Williams was voluntarily unemployed or underemployed. See § 61.30(2), Fla.Stat....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 470226, 2012 Fla. App. LEXIS 2264
...expenses. We agree and reverse. Child support in paternity actions is determined according to the guidelines in chapter 61, Florida Statutes. See §
742.031(1), Fla. Stat. (2008) (requiring court in paternity action to set child support pursuant to section
61.30)....
...When calculating the basic child support obligation, the court is required to include seventy-five percent of a parent's child care costs incurred "due to employment, job search, or education calculated to result in employment or to enhance income of current employment." § 61.30(7), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...rties' net incomes, (2) failing to include a child support guidelines worksheet in the final judgment, and (3) adding $ 40,628.46 to his income without making specific factual findings to support that addition. We will address each argument in turn. Section 61.30, Florida Statutes (2016), establishes a guidelines schedule that trial courts must apply in making an award of child support. The child support guideline amount presumptively establishes the amount the trial court shall award as child support. § 61.30(1)(a)....
...ve percent "only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate." Id. In determining the child support guideline amount, the trial court must follow the statutory formula set forth by section 61.30. The statute instructs that the trial court must first determine the net monthly income of each parent by subtracting allowable deductions from each parent's gross monthly income. § 61.30(2) - (4). The net income for each parent is then added together for a combined net income. § 61.30(5). The trial court must then apply the guidelines schedule to the combined *1083 net income to determine the presumptive amount of child support to award. § 61.30(6). The trial court erred by failing to make specific findings concerning each parent's net monthly income and relying only on each parent's gross monthly income. "In conformance with section 61.30, the case law is 'well-settled that a trial court errs by failing to make findings of fact regarding the parties' incomes when determining child support.' " M.M....
...Munoz ,
35 So.3d 136 , 139 (Fla. 2d DCA 2010) ). Because the guidelines are based on the parents' combined net income and there is an absence of findings as to same in the appellate record, this court cannot conduct a meaningful appellate review of the child support award. See §
61.30(6) (mandating that the "guidelines schedule shall be applied to the combined net income to determine the minimum child support need"); see also M.M....
...ial to properly applying the guidelines."). Stated another way, we are compelled to reverse because the absence of findings regarding the parties' net incomes precludes a determination as to whether the award was within the guidelines established in section 61.30 or whether a departure from the guidelines was justified....
...The final judgment references that the trial court "imputed" an additional $ 3385.70 to the Father's reported monthly income. It is clear from the record that the trial court was not referring to imputation of income due to the Father's voluntary unemployment or underemployment pursuant to section 61.30(2)(b), Florida Statutes (2016), but instead was referring to in kind contributions received from his employer. See § 61.30(2)(a)(13) (defining gross income to include "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses")....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 5411898
...PER CURIAM. In arriving at appellant's retroactive and prospective child-support obligations, the trial court in its Temporary Order found that $400.00 per month was a reasonable child-care cost. This was error because that finding cannot be squared with section 61.30(7), Florida Statutes (2007) (requiring that child-care costs be "incurred" before they can be considered for purposes of calculating a child-support obligation), and is, moreover, not supported by competent substantial evidence....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 18299, 2004 WL 2782307
...Regarding the father’s argument that the award of retroactive child support for a full two years prior to the date of the petition, the court partially erred because such relief was not sought by the mother nor was there evidence to support it. Although section 61.30(17), Florida Statutes, gives the trial court discretion to award retroactive child support for up to 24 months prior to the date of the petition, such discretion must be tempered by evidence of the child’s need and the parent’s ability to pay....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 13483, 1995 WL 763346
...It depends upon the relative financial resources of the parties. Greeley v. Greeley,
583 So.2d 1078 (Fla. 1st DCA 1991). Finally, the amount of child support the trial court ordered the former husband to pay is below the child support guidelines established in section
61.30(l)(a), Florida Statutes (1991)....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 13422, 1996 WL 736590
...The former husband appeals an order modifying the final judgment of dissolution of marriage. He argues that the trial court erred in departing from the child support guideline amount without making a specific finding as to why the guideline amount would be unjust or inappropriate, as required by section 61.30(l)(a), Florida Statutes (1995). Although at the modification hearing the trial court stated several reasons for increasing child support, the reasons do not satisfy the requirements of section 61.30(l)(a), or other *705 wise support a departure from the guideline amount....
...The child. support guidelines may provide the basis for proving a substantial change in circumstances if the difference between the existing order and the amount provided for under the guidelines is at least fifteen percent or $50, whichever is greater. § 61.30(l)(b), Fla.Stat....
...The difference between the existing order and the guideline amount in this case is approximately thirty percent; thus the record demonstrates a substantial change in circumstances. The trial court calculated the former husband’s guideline obligation as $329.00 per week. Section 61.30(l)(a) permits the trier of fact to “order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, explaining why ordering paym...
....00 per week child support obligation ordered by the trial court in this case exceeded the guideline amount by more than five percent. Therefore, the trial court was required to make the necessary finding. The failure to make the finding required by section 61.30(l)(a) is reversible error....
...guideline child support award, including the greater needs of the older child, the refusal of the former husband to become involved in the children’s activities, the total assets of the former husband, and the former husband’s good fortune. See §
61.30(11), Fla.Stat. (1995); Boyt v. Romanow,
664 So.2d 995 (Fla. 2d DCA 1995). The trial court did not, however, make a specific finding explaining why ordering payment of the guideline amount would be unjust or inappropriate, as is required under section
61.30(l)(a)....
...,736.88. By using the trial court’s calculation of the husband’s guideline obligation and accounting for the former wife’s guideline obligation based on her imputed income, we have determined that the guideline child support amount pursuant to section 61.30(6) is $1,609.00 per month....
...with an intent to decrease the former husband’s available income. Because the trial court ordered payment of child support in an amount that varied from the guideline amount by more than five percent without making the specific finding required by section 61.30(l)(a), we reverse and remand for further proceedings....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 21614, 2012 WL 6554559
...to the contrary, [they] must be allocated in the same percentage as the child support allocation.” Zinovoy v. Zinovoy,
50 So.3d 763, 764-65 (Fla. 2d DCA 2010); accord Chaney v. Fife,
18 So.3d 44, 45 (Fla. 1st DCA 2009); see also §§
61.13(l)(b),
61.30(8), Fla....
...r wife’s income. The trial court also must subtract the former wife’s share of the child support duty to determine her income.”), superseded by statute on other grounds as stated in King v. King,
734 So.2d 470, 471 (Fla. 3d DCA 1999); see also §
61.30(2)-(4), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...s
employment with a health insurance benefit.
Child Support. In the modification judgment, the trial court found that
because the former wife became employed, but quit the position one month later,
her unemployment was “voluntary.” See § 61.30(2)(b), Fla....
... for abuse of discretion.” Strassner v. Strassner,
982 So. 2d 1224, 1225 (Fla. 1st
DCA 2008).
The trial court abused its discretion by imputing income to the former wife
solely because she voluntarily left her new employment after only one month.
Section
61.30(2)(b), Florida Statutes, requires imputation of income “to an
unemployed or underemployed parent if such unemployment or underemployment
is found by the court to be voluntary on that parent’s part.” However, “restraints
on im...
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227
...ere]] *915 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (12/10) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 WL 3408056
...During a post-final judgment of dissolution hearing concerning the appellant-father's support and visitation rights with his five-year-old child, he stated that if he were granted six, rather than five, overnight visits during every fourteen-day period, he would forego the right conferred by section 61.30(11)(b), Florida Statutes (2005), [1] to a reduction of child support....
...*646 The appellee-mother did not agree to and the trial court did not order the six overnights which were a condition of the "offer." Instead, after subsequent hearings, the parties agreed to five overnights. Notwithstanding, in the order under review, the trial court held that the father had in fact waived his section 61.30(11)(b) rights....
...tutory reduction in support under the circumstances. The judgment awards the father five overnights per two-week period plus additional custody for the summer and holidays. This amounts to at least 146 overnights a year, the "40 percent" provided by section 61.30(11)(b)10 to require a reduction in support....
...5th DCA 2005) and cases cited; Harwood v. Ying Li,
909 So.2d 396 (Fla. 4th DCA 2005); Santiago v. Santiago,
830 So.2d 922 (Fla. 4th DCA 2002). We therefore reverse the order below and remand with directions to compute and effect the reduction. Reversed and remanded. NOTES [1] Section
61.30(11)(b) provides Whenever a particular shared parental arrangement provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support, as follows: 1....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1991 WL 259244
...stody of the parties' three sons and modification of child support. The court awarded Weinstein custody of the three sons. The trial court determined that the parents' income exceeded $50,000 annually, and, therefore, the child support guidelines in section 61.30, Florida Statutes (1989), did not apply....
...Weinstein appeals the order, arguing that the trial court abused its discretion in awarding child support for the two minor sons below the amount suggested by the presumptive child support guidelines for two children when the parents' income is below $50,000. We agree. "The child support guideline amount as determined by [section 61.30] presumptively establishes the amount the trier of fact shall order as child support... ." § 61.30(1)(a), Fla. Stat. (1989). Although these guidelines do not apply to parents with an annual income in excess of $50,000 per year, § 61.30(1)(b)2, Fla....
...active to the date of his petition should not be granted. See Waldman v. Waldman,
520 So.2d 87 (Fla. 3d DCA), review denied,
531 So.2d 169 (Fla. 1988); Shufflebarger v. Shufflebarger,
460 So.2d 982 (Fla. 3d DCA 1984). Vacated and remanded. NOTES [1] Section
61.30 has been amended to apply to parents who have a combined net annual income not exceeding $100,800....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2724046
...riods when the children were not at school and Ms. Fry was herself at work or school and unavailable to care for the children. Ms. Fry contended that there was no basis to deny the claimed child care expense under the applicable statutory provision, section 61.30(7), Florida Statutes (2003)....
...for a new evidentiary hearing to be conducted on the disputed issue unless the parties enter a stipulation permitting decision of the matter by a successor judge. Reversed and remanded with instructions. WHATLEY and NORTHCUTT, JJ., Concur. NOTES [1] Section 61.30(7) provides: Child care costs incurred on behalf of the children due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent shall be reduced by 25 percent and then shall be added to the basic obligation....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 957385
...*264 Larry Bator, pro se. Debra A. Rowe, Fort Myers, for Appellee. DAVIS, Judge. Larry Bator challenges the trial court's order requiring him to pay one-half of his child's day care costs. Because the court's order was not properly entered pursuant to section 61.30, Florida Statutes (1999), we reverse....
...umstances, it is questionable whether the issue of modification was properly before the court. See Dep't. of Revenue v. Kiedaisch,
670 So.2d 1058 (Fla. 2d DCA 1996). Secondly, she did not file the required financial affidavit showing her income. See §
61.30(14), Fla. Stat. (1999). The fact that she had obtained employment since the final judgment should have been considered by the court. Additionally, section
61.30(7) requires the trial court, in apportioning child care costs, to reduce the total of those costs by twenty-five percent and then add the remainder to the basic obligation, which is then apportioned pursuant to statute....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 12200, 2010 WL 3269955
...month in child support. At the final hearing in September 2007, the husband admitted that he had earned approximately $60,000 annually at two of his most recent jobs and he testified that he resigned from his last job to move up north. According to section 61.30(2)(b), the trial court should impute income to a voluntarily unemployed parent....
...Under the child support guidelines, $500 a month in child support is justified when the combined monthly net income of the parents is $2300. The trial court did not impute income to the wife because she was unemployed as a stay-at-home mother during the marriage. See § 61.30(2)(b)....
...If the husband was making a gross income of $60,000 per year ($5000 a month) prior to voluntarily leaving his job, the trial court should have imputed a net income to him exceeding $2300 a month. *229 We note that the trial court did not make the required written findings in regard to the husband's income. See § 61.30(1)....
...tors. The mother also testified that the child suffers from obsessive compulsive disorder. The trial court may "adjust the minimum child support award" based on "[e]xtraordinary medical, psychological, educational, or dental expenses" for the child, § 61.30(11)(a)(1), as well as the "[s]pecial needs, such as costs that may be associated with the disability of the child, that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines," § 61.30(11)(a)(6)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 29 Fla. L. Weekly Fed. D 1915
...owever, the trial court concluded that the "father's actions (whatever his intentions) are within statutory bounds." Thus, the trial court concluded that the father was allowed to deduct the spousal support payments from his gross income pursuant to section
61.30(3)(g), Florida Statutes (2003), as payments for support for a "previous marriage." [1] We disagree. Chapter 742, involving paternity determination, directs the trial court to establish child support obligations pursuant to section
61.30. See §
742.031(1), Fla. Stat. (2003). The determinative factor in calculating the guidelines amount of child support is the net income of the parents. See §
61.30, Fla. Stat. (2003). Net income is calculated using both parents' recurring gross income minus certain deductions. See §
61.30(2)-(5), Fla. Stat. (2003). After calculating net income, the trial court uses the guidelines table in section
61.30(6) to determine the minimum guidelines amount of support. Once the trial court has established each parent's percentage share of the guidelines child support, this percentage is applied to the minimum guidelines amount of child support to arrive at each parent's actual dollar share of child support. See §
61.30(10), Fla. Stat. (2003). Section
61.30(3)(g) allows a deduction for alimony: (3) Allowable deductions from gross income shall include: .... (g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court. §
61.30, Fla....
...ayments were a fraud. The record supports the trial court's finding that the father's support payments to his current wife were a sham to lower his child support obligation. [2] The trial court, however, erred as a matter of law in *430 interpreting section 61.30(3)(g) as applying to the father's payments to his wife....
...Allowing the father to reduce his support obligations based on his duplicitous transactions does not comport with the basic rules of fairness. Because we find that the trial court erred as a matter of law in finding that these payments were deductible under section 61.30(3)(g), and no other deduction applies, the payments to appellee's wife cannot be deducted for the purposes of calculating the father's net income and support obligations....
...1st DCA 1996) (reversing in part, finding reduction of gross income for 10% of income which was regularly tithed to church during the marriage was inappropriate where guidelines did not include tithing as deduction and did not grant discretion to allow deduction of items not listed in section 61.30(3))....
...Regardless, it was error for the trial court either to not include in or to deduct from the father's gross income the amount of military retirement benefits transferred to his wife. Whereas retirement income must be included in calculating gross income pursuant to section 61.30(2)(a)(7), distributions of property are not listed as an allowable deduction under section 61.30(g)....
...We find that under the circumstances in this case, the trial court erred in calculating appellee's net income by deducting the amounts transferred to his wife. We remand with directions to recalculate child support guidelines pursuant to the formula prescribed by section 61.30, consistent with this opinion....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1997 WL 528289
..., the amount awarded would constitute a downward deviation of more than five percent from the guidelines amount. The trial court was, therefore, required to make a written finding explaining why the guideline amount would be unjust or inappropriate. § 61.30(1)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 12070, 2016 WL 4205345
...Finley involved a paternity action between .a professional basketball player making $266,926 per month and a mother with extremely limited means. Id. at 1114 . In Finley , the court explained that the determination of the amount of child support to be awarded begins with section 61.30(l)(a), Florida Statutes, which provides, in part: (l)(a) The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for s...
...percent from such guideline amount only upon■ a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. Id. at 1115-16 (emphases added). Additionally, the court noted that two other subsections of section 61.30 are important to the analysis: subsection (6), which is the table of guideline support amounts; and subsection (ll)(k), which allows for an equitable adjustment of the minimum' child support obligation,- based on a list of criteria. 1 Id. at 1116 . *1252 The Finley court held- that “the schedule for determining the amount of child support, presumed to be the amount a trial judge awards under section 61.30(6), is clearly rebuttable,”-, and section 61.30(ll)(k) “allows for an equitable adjustment of the minimum child support obligation based upon the facts and circumstances of a'particular case.” Id....
...at-1116 (emphasis added). ’ We disagree with the father’s first contention that'the trial court erred in imposing the burden of proof regarding deviation on him. The contention is premised on the mistaken assertion that the rebuttable presumption estáblished by section
61.30(a) is a presumption defined by section
90.303, Florida Statutes, as a presumption affecting the burden of producing evidence....
...tor to be considered' is “[a]ll actual payments made by the noncustodial parent to the custodial parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.” Id. at 1104 (emphasis added) (quoting § 61.30, 'Fla....
...We reverse as' to that issue and remand for proceedings consistent with this-opinion; Affirmed, 'in part, reversed in part, and remanded. MAY and CONNER, JJ., concur. WARNER, J., concurs in part and dissents in part with opinion. . Finley discussed the 1993 version of section '
61.30, which listed the statutory deviation fac *1252 tors under subsection (11).
707 So.2d at 1116 . The current list of statutory deviation factors is found under subsection (ll)(a). See §
61.30(1 l)(a), Fla....
...h may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt which the parties jointly incurred during the marriage.” § 61.30(1 l)(lc), Fla, Stat....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 186636
...The trial court stated in the final judgment that it deviated from the child support guidelines, finding that the wife voluntarily chose to move to Wisconsin, that the cost of day care in Wisconsin was extreme, and that the parties incurred transportation costs. Section 61.30(1)(a) permits deviation from the child support guidelines in the trial court's discretion when the trial court has considered all relevant factors and has made the necessary specific finding on the record explaining why the guideline amount would be inappropriate....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 WL 1688579, 2016 Fla. App. LEXIS 6426
...Where a child spends
a substantial amount of time with the noncustodial parent under a time-
sharing arrangement, a reduction in that parent’s child support obligation
is mandated. Rodriguez v. Medero,
17 So. 3d 867, 871 n.1 (Fla. 4th DCA
2009); see also §
61.30(11)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1776707, 2013 Fla. App. LEXIS 6703
...bring an action [to] zero out the account balance as reflected in the domestic relations [case] number [2001-DR — 006310] the [father] should be given credit for that child support obligation in the current case in accordance with Florida Statute 61.30(3)(f).” The court then deferred ruling on DOR’s motion for rehearing for several days to give the first wife time to take action to reduce the account balance to zero....
...11, the court entered the final judgment in which it deducted the child support ordered in case 2001-DR-006310 from the father’s income. Based on this, we must presume that the court was satisfied that the account balance had been reduced to zero. Section 61.30, Florida Statutes (2011), governs the determination of child support and lists the deductions to be taken from a parent’s gross income to determine his or her net income for purposes of child support computation. One of the listed deductions is “[c]ourt-ordered support for other children which is actually paid.” § 61.30(3)(f) (emphasis added). Here, it is uncontested that the father was under court order to pay child support in case 2001-DR-006310. The issue is whether he actually paid that support. The intent and meaning of section 61.30(3)(f) require no explanation....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 6262, 2009 WL 1035004
...If a trial court does not articulate findings regarding the actual or adjusted income of the parties, this Court cannot determine whether a child support award is within the guidelines. We remand for the trial judge to calculate the child support in accordance with the statutory guidelines set forth in section 61.30, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...“claim of applying for work” and plans to obtain his bachelor’s degree were
“neither realistic nor credible.” The record is replete with evidence to support
these findings.
B. Amount of Income Imputed
Florida’s child support statute, section 61.30(2)(b), Florida Statutes (2012),
provides that “[m]onthly income shall be imputed to an unemployed or
underemployed parent if such unemployment or underemployment is found by the
court to be voluntary on that parent’s part.” If...
...“the employment potential and
probable earnings level of the parent shall be determined based upon his or her
recent work history, occupational qualifications, and prevailing earnings level in
the community if such information is available.” § 61.30(2)(b), Fla....
...alifications and the relevant
employment community were necessary to impute income to the former husband.
2. Prevailing Earning Level in the Community
Where a finding of voluntary unemployment or underemployment is made,
section 61.30(2)(b) states that the trial court is to determine the parent’s
employment potential and probable earnings “based upon his or her recent work
history, occupational qualifications, and prevailing earnings level in the
community.”...
...Rather, she testified that she had found her information from various websites,
including findapilot.com and flycontracts.com.
While the former husband is a pilot, and therefore his job will necessarily
include travel, it should be noted that section 61.30(2)(b)(1)(b) requires that due
consideration be given to the parties’ time-sharing schedule....
...Tallahassee area, his time-sharing schedule will be forced to change.
While it may be appropriate to expand the geographic area of the
“community” in which the former husband works because of the travel inherently
required for his job, pursuant to section 61.30(2), the court should specifically
address what is the appropriate community based on the circumstances of this case
and the prevailing earning levels within this community prior to imputing income
to the former husband....
...Once one child reaches the age of majority, the parties will only be required
to support two children. According to the child support guidelines worksheet,
parties who pay $2,340 of child support for 3 children will only have to pay $1,868
for 2 children. § 61.30(6), Fla....
...The court ordered the former husband to pay
$825.71 for 2 children, or roughly 44% of the child support.
Likewise, when the second child reaches the age of majority, the parties will
only have to support one child. The child support guidelines indicates that the child
support for one child will be $1,200. § 61.30(6), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 5361, 2006 WL 931941
...THE COST MUST BE APPORTIONED BETWEEN THE PARENTS. II. THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHERE IT MADE THE FATHER PAY FOR ADDITIONAL COSTS ASSOCIATED WITH ATTENDING PRIVATE SCHOOL AND DID NOT MAKE A WRITTEN FINDING CONSISTENT WITH FLA. STAT. § 61.30....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13528
...The
former wife properly concedes the trial court erred when it recalculated the award of
temporary child support to the extent it calculated the support from the date of filing
rather than the date the former husband moved out of the marital residence. See §
61.30(17), Fla....
...oncedes, that the
trial court's calculation regarding the number of overnights allocated to each parent is
incorrect. On remand, this should also be corrected, and if appropriate, the parties'
child support obligations should be recalculated. See § 61.30(11)(a)(10), (11)(b);
Mitchell v....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13393, 2010 WL 3488737
...4th DCA 2009) ("A trial court shall impute income to an unemployed parent where such unemployment is voluntary, `absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control.'") (quoting § 61.30(2)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 3888760, 2017 Fla. App. LEXIS 12918
...5th DCA 2008); see also Stanton v. Stanton,
648
So. 2d 1233, 1234 (Fla. 4th DCA 1995) (“A child support determination is
within the sound discretion of the trial court, subject to the statutory
guidelines and the reasonableness test.”).
The governing statute, section
61.30(2)(b), Florida Statutes (2015),
provides that a court “shall” impute income to a parent it finds to be
voluntarily underemployed....
...The Court Erred When It Failed To Account for the Former Wife’s Child
Care Expenses
The Former Wife argues the court erred when it calculated her child
support obligation without considering the amount she pays each month
for child care. We agree, because section 61.30(7), Florida Statutes (2015),
provides that “child care costs incurred due to employment ....
CopyPublished | Florida 4th District Court of Appeal
...income of $5,307.66 for the Former Wife. That would mean the annual
income amount for Former Wife used to calculate child support would be
$63,691.92 ($5,307.66 x 12 = $63,691.92), the amount of her gross
income. As the Former Wife correctly argues, section 61.30(2)(a)3., Florida
Statutes (2016), states:
(2) Income shall be determined on a monthly basis for each
parent as follows:
3
(a) Gross income shall include, but is not limited to, the
following:
....
3....
...receipts minus ordinary and
necessary expenses required to produce income.
(emphasis added).
Additionally, it seems that the trial court used the gross income for both
parties in determining the child support award. However, according to
section 61.30, the amount of child support is to be determined by the
parents’ net incomes. See § 61.30(6), Fla. Stat. (2016) (“The following
guidelines schedule shall be applied to the combined net income to
determine the minimum child support need.” (emphasis added)); see also
§ 61.30(10), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 13281, 2003 WL 22056279
...n the best interests of the parties’ child that Delbert be designated the primary custodial parent. See Clark v. Clark,
825 So.2d 1016, 1017 (Fla. 1st DCA 2002). Nor did Patricia complain of such an omission in the trial court. Similarly, because, section
61.30(ll)(c), Florida Statutes (2001), allows the trial court, in some circumstances, to award retroactive child support prior to the time the petition/motion was filed, we have no basis to reverse that award....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 12518, 2001 WL 1008141
...Wolfson,
455 So.2d 577, 579 (Fla. 4th DCA 1984). We note that if the petitions were considered separately, the court would be required to deduct the child support paid to the first child when calculating appellee’s income for child support purposes for the second petition. See §
61.30(3)(f), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 14465, 2015 WL 5714623
...Retained earnings, or undistributed profits, are a corporation’s “accumulated income after dividends have been distributed.” Kusterer v. Kusterer,
933 So.2d 542, 547 (Fla. 1st DCA 2006) (quoting Black’s Law Dictionary 548 (8th ed. 2004)); see also §
61.30(2)(a), Fla....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 524, 2010 Fla. LEXIS 1632, 2010 WL 3781979
...If the requested modification is granted, the parties: [ ] agree that child support should be modified, consistent with the modification of the time-sharing schedule [ ] agree that child support will NOT be modified. B. The [ ] Mother [ + Father will pay child support, under Florida's child support guidelines, section 61.30, Florida Statutes, to the other parent....
...__ __________________________________________________________________________________ SECTION V. CHILD SUPPORT [Choose all that apply] 1. ___ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 9378, 1994 WL 531273
...The court also said it intended to adjust “upward” Paul’s monthly child support obligation because, prior to the dissolution, the parties contemplated their daughters would attend private schools, and it was in their best interest to do so. See § 61.30(11)(a), Fla.Stat....
...This appears excessive because, in this ease, the children have no special needs or problems to justify such an award. And the court made no such findings. Pursuant to the guidelines in effect at the time this judgment of dissolution was rendered, section 61.30(6) establishes a minimum standard child support award for two children at $2,088.00 per month (net income of $8,700.00) and $2,094.00 (net income of $8,750.00). § 61.30(6), Fla.Stat. (1993). A deviation of five percent is permissible without a 'written specific finding as to why the guidelines sum is inappropriate. § 61.30(1)(a), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal
...2d DCA 2020),
and certainly not in the guise of a purported "legal error."
For what the dissent styles as "legal error"—essentially, that
imputation of income ought not to apply to alimony under Florida
Statute section
61.08 in the same fashion as it does to child
support under section
61.30(2) (and that, as such, the circuit court
should have deemed the Former Wife underemployed)—is, at
bottom, simply a disagreement with the circuit court's application of
2 In so ruling, the court noted that the Former Wife may...
...That prohibition is expressly included in the
child support statute, which mandates imputation of income when
a spouse is unemployed or underemployed but explicitly prohibits
such imputation at a level not previously earned by the spouse
10
absent special circumstances. § 61.30(2)(b) (disallowing imputation
of income "at a level that a party has never earned in the past,
unless recently degreed, licensed, certified, relicensed, or recertified
and thus qualified for, subject to geographic location, with due
cons...
...de the concept
of imputation. It lacks the formulaic calculations required by the
child support statute that would necessitate such a regimented
determination of a defined imputation amount. Cf. generally §
17
61.30....
CopyPublished | Supreme Court of Florida
...judgment terminating parental rights pending adoption, and (7)
order on relief from judgment terminating parental rights); §
61.075(3), Fla. Stat. (2023) (expressly requiring written findings of
fact in contested dissolution action addressing distribution of assets
and liabilities); §
61.30(1)(a), Fla....
CopyPublished | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 627, 2006 Fla. LEXIS 2366, 2006 WL 2771540
...PRESENT MONTHLY GROSS INCOME (Add lines 1B16) TOTAL: 17. $- PRESENT MONTHLY DEDUCTIONS: All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. [[Image here]] 26. TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, *418 [[Image here]] *419 [[Image here]] *420 [[Image here]] *421 [[Image here]] *422 [[Image here]] *423 [[Image here]] *424 [[Image here]] E....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 4330024
...exemptions for the minor children," notwithstanding the fact that the Husband requested only one exemption for the youngest child. By allocating the exemptions directly to the Husband, the trial court failed to comply with the waiver requirement of section 61.30(11)(a)(8), Florida Statutes (2007)....
...It can, however, require the custodial parent to execute a waiver transferring the exemptions to the noncustodial parent." Wamsley v. Wamsley,
957 So.2d 89, 92 (Fla. 2d DCA 2007). Further, the trial court failed to condition the exemptions on the Husband's being current with support payments, as required by section
61.30(11)(a)(8)....
...o the trial court by presenting fact specific evidence about actual income earned and actual child care expenses being incurred. In reconsidering child support, the trial court will also need to reconsider its tax exemption ruling in compliance with section 61.30(11)(a)(8)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 10715, 1997 WL 586663
...ehalf of the parent whose gross income is at issue). Id. at 92 . The Court went on to analogize the type of benefit at issue here with aid to families with dependent children benefits (“AFDC” benefits), which are excluded from gross income under section 61.30(2)(e), Florida Statutes, and which are (like the benefits at issue in this case) for the benefit of the child....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9516, 1993 WL 372165
...If an equal per child award is made, the burden is placed upon the obligee spouse to petition for an increase in the award remaining when one of the children reaches majority. If a lump sum amount is awarded, the obligor spouse must generally file a petition for reduction when one of the children attains majority. Section 61.30, Florida Statutes (1991) indicates that departures from the guideline schedule are warranted in certain circumstances but that written or record findings must accompany any such departure....
CopyPublished | Supreme Court of Florida | 2010 WL 3701318
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see section 61.30, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...Even so, the trial court calculated Fredes’
monthly income as $5,416, overlooking the monthly disability
benefits. As Fredes properly concedes, the trial court abused its
discretion by not including the disability benefits in Fredes’
monthly gross income. Gross income includes disability payments.
See § 61.30(2)(a)4., Fla....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 13816, 2004 WL 2098389
...ting any potential harm to the child resulting from the lack of support.” Hill v. Hooten,
776 So.2d 1004, 1008 (Fla. 5th DCA 2001). While the petition was technically deficient — for one thing, no financial affidavit was attached, as required by section
61.30(14), Florida Statutes (2003) — dismissal without leave to amend was not justified....
CopyPublished | Florida 3rd District Court of Appeal
...It is unclear upon this limited record whether the mother is receiving child
support pending a determination as to paternity. See §
742.031(1), Fla. Stat.
(2022) (“The court shall issue, upon motion by a party, a temporary order
requiring child support pursuant to [section]
61.30 pending an administrative
or judicial determination of parentage, if there is clear and convincing
evidence of paternity on the basis of genetic tests or other evidence.”).
9
mother] has no choice but...
CopyPublished | Florida 2nd District Court of Appeal
...We reverse and remand for the court to revisit this item and
recalculate the parties' child support obligations.
For purposes of child support under the statutory guidelines, a party's
gross income includes "[r]eimbursed expenses or in kind payments to the extent that
they reduce living expenses." § 61.30(2)(a)(13), Fla....
...Some of the automobile
reimbursements should have been treated as her income because they reduced her
living expenses. See Layeni v. Layeni,
843 So. 2d 295, 297 (Fla. 5th DCA 2003)
(holding that the trial court erred by failing to consider automobile benefits paid on
behalf of the former husband as income under section
61.30(2)(a)(13)).
On remand, the trial court shall determine which portion of the automobile
reimbursements constitutes a legitimate business expense and which portion is for
personal use....
CopyPublished | Florida 1st District Court of Appeal
...Lopez, 43 Fla. Law Weekly D1753 (Fla. 1st DCA Aug. 1, 2018)
(Winokur, J., concurring). Thus, we reject this concession of error.
Finally, the Department argues that the ALJ erred in
calculating Magloire’s retroactive child support. Section
61.30(3)(f), Florida Statutes (2017), provides that “[c]ourt-ordered
support for other children which is actually paid” is an allowable
deduction from gross income for purposes of calculating net income
available for child support....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 11871, 2000 WL 1344493
...Affirmed in part, reversed in part and remanded with directions. ALTENBERND, A.C.J., and DAVIS, J., Concur. . We question the propriety of the trial judge delegating to a special master the task of preparing a final judgment, and do not recommend that this become an accepted practice. . See § 61.30, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...We affirm the final judgment of
dissolution without further comment with one exception.
There is not a sufficient basis for this court to determine
whether the retroactive child support awarded included appropriate
consideration by the trial court of any amounts already paid for the
benefit of the child. See § 61.30(17)(b), Fla....
...(2020); Carter v.
Carter,
294 So. 3d 384, 388 (Fla. 4th DCA 2020) (finding error
where mortgage payments that were already paid for the benefit of
the child were not calculated into the retroactive child support
obligation and stating that "[s]ection
61.30(17)(b), Florida Statutes[,]
requires the court to consider all actual payments made to the
other parent for the benefit of the child")....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2713546
...The trial court added the $87.20 monthly payment amount to the basic child support obligation that it used to calculate the Father's share of the monthly child support obligation. The Mother agrees that the trial court should have ordered the $87.20 monthly amount to be "separately paid on a percentage basis." § 61.30(8), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 5224926, 2013 Fla. App. LEXIS 14825
...f]ather[’s] having 40% of time with the children.” At the time, if a parenting schedule provided that a parent spend 40% of the overnights with their children, that parent was entitled to an adjustment in his or her child support obligation. See § 61.30(ll)(b)(10), Fla....
...He claimed that he had unsuccessfully tried to get the mother to agree to reduce the child support for the remaining three minor children to $1760.88 per month, which represented the guidelines amount that did “not include a credit for 20% of overnights.” The 20% was a reference to the amended version of section 61.30(ll)(b), which provides that “ ‘substantial amount of time’ means that a parent exercises time-sharing at least 20 percent of the overnights of the year.” § 61.30(ll)(b)(8), Fla....
...the children. The trial court held a hearing on July 10, 2012. The parties stated that they could not agree on whether the father’s amount of overnights should result in the father’s receiving a credit towards his child support obligation under section 61.30(ll)(b)....
...d the goal to be accomplished by the agreement.” Conway v. Conway,
111 So.3d 925, 927 (Fla. 1st DCA 2013) (citing Delissio v. Delissio,
821 So.2d 350, 353 (Fla. 1st DCA 2002)). At the time the parties entered into the stipulated agreement in 2005, section
61.30(ll)(b) allowed an adjustment in the child-support calculations when the parenting arrangement provides for the child or children to “spend a substantial amount of time with each parent.” §
61.30(ll)(b), Fla. Stat. (2005). For purposes of this statutory adjustment, “ ‘substantial amount of time’ means that the noncustodial parent exercises visitation at least 40 percent of the overnights of the year.” §
61.30(ll)(b)(10)....
...Specifically, the parties intended that the father would pay a specific amount of child support, that the father would receive 40% of the overnights with the children, 2 and that the father would *1107 not receive the adjustment in his child support obligation that he would otherwise legally be entitled to under section 61.30(ll)(b)....
...that they did not expressly agree to that. But the father has not given any other meaning to this provision or explained why the 40% visitation would be relevant to any issue other than the statutory reduction in child support in the 2005 version of section 61.30(ll)(b)(10)....
...s admission that he received at least 40% of the overnights with the children. We note that when the trial court reduced the father’s child support in 2007, it did not adjust the father’s obligation in accordance with the statutory adjustment in section 61.30(ll)(b)(10)....
....” Because the provision in the 2005 agreement clearly indicates the parties’ intention to not give the father a statutory adjustment in his child support based on his substantial time-sharing, the trial court erred in applying the adjustment in section 61.30(ll)(b), absent some substantial change in circumstances that would justify overlooking the father’s earlier waiver of his right to that statutory reduction....
...umstances. He did not seek the reduction in child support based on any reduction in his income; in fact, the father’s income had increased since his child support had been reduced in 2007. The father does argue on appeal that the 2010 amendment to section 61.30(ll)(b) is relevant....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 5226537, 2013 Fla. App. LEXIS 14828
...We affirm as to the remaining issues without comment. Although the trial court has discretion to deviate from the child support guidelines, where the deviation is greater than five percent of the guideline amount the court must provide written findings supporting the deviation. See § 61.30(l)(a), Fla....
...of the amount awarded. There may be reasons to support the trial court’s deviation from the guideline amount. However, the trial court did not explain why ordering payment of the guideline amount would be unjust or inappropriate as required under section 61.30(l)(a), and therefore we are compelled to reverse....
CopyPublished | Florida 2nd District Court of Appeal
...ate the former wife
filed her petition. He contends that his move to Florida was not a
termination of the marital partnership but was intended to benefit
the child by qualifying for in-state tuition.
6
Section 61.30(17) provides that "[i]n an initial determination
of child support ....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 14368, 2014 WL 4626846
...However, the order on appeal
contains no indication that the father’s arrearages were credited for the
period of time the mother did not actually incur childcare expenses. It
was error for the trial court to include in the arrearages childcare
expenses that were not incurred by the mother. See § 61.30(7), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 9472, 1993 WL 366867
...Finding no abuse of discretion, we affirm the modified award of permanent alimony, see section
61.08(2)(f), Florida Statutes (1991), and Tonnelier v. Tonnelier,
571 So.2d 522 (Fla. 1st DCA 1990); and affirm the award of an increase in child support, retroactive to the date of filing the motion for modification. Section
61.30, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9712
...dic labor. Their joint net income is $973 per month. This does not include their rent subsidy or Medicaid benefits. HRS moved for a determination of child support and the trial court used the financial affidavits of the parents and the guidelines of section 61.30, Florida Statutes (1993) to determine that a total of $315 per month was to be paid for the two children....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 12183, 1999 WL 743580
...unable to provide for himself.” Neither the trial court’s explanation in the written order nor its stated reason at hearing justifies a departure from the guidelines. As we have previously held: The guideline amount is presumptively correct. See §
61.30, Fla.Stat. (1997); State, Dept. of Revenue By and On Behalf of Young v. Sumblin,
675 So.2d 691 (Fla. 1st DCA 1996).... Section
61.30(l)(a), Florida Statutes states that “[t]he trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding, or a specific finding on the record, exp...
...In its order, the court stated that the deviation from the statutory guidelines is “based on the fact that the appellee’s salary is currently at the minimum wage.” However, a party’s earnings are already taken into consideration when calculating the guideline child support obligation of the party. See § 61.30, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 12900, 2001 WL 1046003
...mputation of income factually untenable. We do not reach the other reasons relied on by the trial court, The trial court properly considered whether Appellee was underemployed and if income should be imputed to him for purposes of child support. See section
61.30(2)(b), Fla. Stat. (1999); Brock v. Brock,
695 So.2d 744 (Fla. 1st DCA 1997)(trial court should consider factors of section
61.30 when imputing income on orders modifying child support)....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 13170, 2001 WL 1098272
...he statutory prerequisite finding that appellant was voluntarily unemployed or underemployed. See Burkhardt v. Bass,
711 So.2d 158 (Fla. 4th DCA 1998). Had the court intended the language “imputed net monthly income” to mean imputed income under section
61.30(2)(b), Florida Statutes (1999), we would agree with appellant that *1158 a reversal would be required....
CopyPublished | Florida 4th District Court of Appeal | 1997 Fla. App. LEXIS 10130, 1997 WL 559437
...to pay child support. Appellant argues that there was never an order entered requiring him to pay a stated sum of support. The only order provided to this court represents that the parties agreed that support would be pursuant to the guidelines. See § 61.30, Fla. Stat. (1995). 1 To obtain a guidelines amount of support the statute requires the consideration of several factors, including the parties’ incomes and deductions. See Section 61.30(2) & (3), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 13088, 2000 WL 1475681
...Secondly, Stokes argues that since the counterpetition for modification was filed on November 24, 1998, the lower court erred in ordering an increased amount of child support retroactive to December 20,1997.. Pursuant to Chapter 742, parents owing a duty of support to a child must pay support according to section 61.30, Florida Statutes. Section 61.30 clearly distinguishes between an initial proceeding and a proceeding for modification. In regard to child care costs, they must be reduced by 25% before being added to the basic child support obligation. § 61.30(7), Fla....
...the amount of $8,332.00. Stokes correctly contends that there is no authority for the trial court to enter an order in a modification proceeding as opposed to an initial action for an award of child support which is retroactive prior to the filing of the petition. Section 61.30(17) reads in pertinent part: In an initial determination of child support ......
...the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition. (Emphasis supplied). Thus, the trial court erred in utilizing section 61.30(17) for a modification proceeding involving child support....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 9467, 1994 WL 535057
...The orders require the former wife to pay $47.39 a week, retroactive to Oct. 27, 1993. In this case the minor child has lived with her father since 1990. The former wife lives out-of-state and has never paid child support. Child support is a joint obligation and the support guidelines of section 61.30, Florida Statutes (1993), presumptively establish the amount of support the trial court should order....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14740, 2016 WL 5805201
...Moreover, because the former wife stated that she had “no problem” paying
4
child support from May 2014 to October 2014—and the trial court had the authority
to award this retroactive support, see § 61.30(11)(c), Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 822, 2002 Fla. LEXIS 1952, 2002 WL 31190920
...Rule 12.200 was amended to reflect statutory changes to the Florida Adoption Act. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§
63.062,
63.087,
63.088,
63.097, and
63.212, Fla. Stat. (2000)). The amendments to Florida Family Law Rules of Procedure Form 12.902(e) were made to reflect statutory changes to section
61.30(11), Florida Statutes (2000)....
...Where can I look for more information? Before proceeding, you should read “General Information for Self Represented Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see section 61.30, Florida Statutes....
CopyPublished | Supreme Court of Florida
..._______ Monthly court-ordered child support actually paid for children from another
relationship
25. _______ Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _______
25b. from other case(s): $ _______
26. $_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25)
27....
..._______ Monthly court-ordered child support actually paid for children from another relationship
25. _______ Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _________
25b. from other case(s): $ _________
26. $______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25.)
27....
CopyPublished | Supreme Court of Florida
..._______ Monthly court-ordered child support actually paid for children from another
relationship
25. _______ Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _______
25b. from other case(s): $ _______
26. $_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25)
27....
..._______ Monthly court-ordered child support actually paid for children from another relationship
25. _______ Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _________
25b. from other case(s): $ _________
26. $______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25.)
27....
CopyPublished | Florida 4th District Court of Appeal
...of his child support obligation, Appellant’s financial information did not state
whether such support was pursuant to a court order. The Department thus had
no way of knowing whether the amount constituted a deduction from Appellant’s
gross income under section 61.30(3)(f), Florida Statutes, or a deviation for a
Smith/Speed credit under section 61.30(11)(a)11., Florida Statutes.
3
CopyPublished | District Court of Appeal of Florida
proceeding arises under this or another chapter.” §
61.30(1)(a), Fla. Stat. (2020) (emphasis added).
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 13847, 2000 WL 1595715
...The tax benefit to the parents is taken into account at the time their net income is determined and the child support obligation is fixed by the support table. The federal income tax deduction which is permitted to be taken from gross income is itself "adjusted for ... allowable dependents.” Section 61.30(3)(a), Florida Statutes....
CopyPublished | Supreme Court of Florida
...-2-
to file financial affidavits pursuant to rule 12.285(c)(2). New form
12.902(l) (Affidavit of Income for Child Support) is an affidavit of
income to be filed if child support is being requested in a family
matter, pursuant to section 61.30(14), Florida Statutes (2023), and
the parties have waived filing financial affidavits with the court.
CONCLUSION
The new forms are hereby adopted as set forth in the appendix
to this opinion, fully engrossed....
...tion?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in “bold underline” in these instructions are defined there.
For further information, see section 61.30, Florida Statutes.
Special notes...
Remember, a person who is NOT an attorney is called a nonlawyer....
...tion?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in “bold underline” in these instructions are defined there.
For further information, see section 61.30, Florida Statutes.
Special notes...
If you want to keep your address confidential because you are the victim of sexual battery, aggravated
child abuse, aggravated stalking, harassment, agg...
CopyPublished | Florida 4th District Court of Appeal
...ve of
whether the correct year for minimum wage was used.” Chapter 61
permits “[t]he trier of fact [to] order payment of child support which varies,
plus or minus 5 percent, from the guideline amount, after considering all
relevant factors[.]” § 61.30(1)(a), Fla....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805
...apter 39, Florida Statutes. 9. The petitioner requests that the parents be ordered to provide to the Department of Children and Family Services and the Department of Revenue financial information necessary to accurately calculate child support under section 61.30, Florida Statutes, within 28 days of this order....
...28 days of the date of this order, shall complete the forms provided by the department-to-determine ■ the amount-ef-child support which shall-be-paidshall provide to the department the information necessary to accurately calculate child support under section 61.30, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...Lane counters that the trial court did not have jurisdiction to
consider child support modification because it was referred to the General
Magistrate. We find no merit to this argument. Alternatively, he argues
there was no evidence of financial change in circumstance to support a
modification of child support.
Section 61.30(11)(c), Florida Statutes (2014), provides:
A parent’s failure to regularly exercise the time-sharing
schedule set forth in the parenting plan, a court-ordered time-
sharing schedule, or a time-sharing arrangement ex...
...A modification
pursuant to this paragraph is retroactive to the date the
noncustodial parent first failed to regularly exercise the court-
ordered or agreed time-sharing schedule.
In Buhler v. Buhler, the court held that section 61.30(11)(c) “considers
a noncustodial parent’s failure to exercise visitation as a substantial
change of circumstances for purposes of modifying the award of child
support, and provides for retroactive application back to the date that t...
...by not upholding his obligation in
purchasing airline tickets for the minor child, but continuing
to purchase them for A.L.
Lane’s failure to exercise his court ordered timesharing entitled Myers
to a modification of child support under section 61.30(11)(c), Florida
Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 15746
...This is an appeal of a Final Administrative Support Modification Order by the Department of Revenue on behalf of Holly Harris. The Order, rendered on March 8, 2016, erroneously allowed Thadius Demen-triel Crawford multiple deductions for expenses against his gross income not permitted by section 61.30(3), Florida Statutes (2016)....
CopyPublished | Florida 4th District Court of Appeal
...We reverse the circuit court’s determination of the
mother’s child support obligation and remand for a reduction of child
support based on the $2,080 per month income level described below.
After a non-jury trial, the circuit court imputed income to the mother
at $2,080 per month pursuant to section 61.30(2)(b), Florida Statutes
(2021), for purposes of determining child support....
...In addition, to compute
the mother’s share of child support, the court credited the mother with
$1,538.50 in additional income based on the mother’s testimony that her
husband pays for all the expenses on her financial affidavit and that she
reasonably expected him to continue covering those expenses.
Section 61.30(2)(a)13., Florida Statutes (2021), provides that “gross
income” includes “[r]eimbursed expenses or in kind payments to the extent
that they reduce living expenses.” This provision has been interpreted to
“cover items such as f...
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15816, 2010 WL 4103148
...or source of the former husband’s gross income, we reverse the judgment and remand for the trial court to make specific findings as to its determination of the former husband’s income and reconsider his petition for modification accordingly. See § 61.30, Fla....
CopyPublished | Florida 4th District Court of Appeal
...exemption to the noncustodial parent.” Johnson v. Johnson,
371 So. 3d
944, 954 (Fla. 5th DCA 2022). “The dependency exemption must also be
conditioned on the former spouse being current with support payments.”
Salazar v. Salazar,
976 So. 2d 1155, 1158 (Fla. 4th DCA 2008); see also §
61.30(11)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 10890, 1996 WL 595198
...A change in circumstances does not exist when a parent obligated to pay child support attempts to avoid or reduce that obligation by voluntarily becoming unemployed or underemployed. Hirsch v. Hirsch,
642 So.2d 20 (Fla. 5th DCA 1994). The legislature has specifically addressed this issue in section
61.30(2)(b), Florida Statutes (1995), which provides in pertinent part:
61.30 Child support guidelines.— [[Image here]] Income shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent’s part.......
...A review of the record reveals that the trial court could not make such findings on *864 the evidence presented. The noncustodial parent in this case failed to meet the required burden of proof. We reverse and remand for the trial court to impute income in accordance with section 61.30(2)(b)....
CopyPublished | Florida 2nd District Court of Appeal
...m the exemption for both children
because she is the primary custodial parent. See 26 U.S.C. § 152(c)(4)(B)(i) (2012).
However, federal and state law allows the noncustodial parent to claim a child under
certain circumstances. Id. § 152(e)(1)-(3); § 61.30(11)(a)(8), Fla....
...If the court on remand wishes to depart
from the default rule and give the former husband the right to claim the exemption for
one (or both) children, it should make an express finding requiring the former wife to
waive her exemption for one or both children accordingly, see § 61.30(11)(a)(8), and
condition the former husband's right on his being current with child support payments,
see Fortune v....
...2d DCA 2016).
Third, while we take no issue with the trial court's decision to base the
retroactive support award on the earlier guidelines worksheet that was prepared in
conjunction with the former wife's motion for temporary relief, see § 61.30(17)(a), we
cannot ascertain whether the amount of that award is supported by the evidence
because that guidelines worksheet does not appear in the record and there are no other
portions of the record from which we can review the trial court's calculation in this
regard, see Voronin v....
...If the court again chooses to award retroactive support, the amount of any such
award must be supported by evidence in the record. The former husband shall be
entitled to credit against the retroactive obligation to the extent that he can offer
competent evidence of actual payments qualifying under section 61.30(17)(b).
Additionally, the court is free on remand to revisit any other part of the amended final
judgment to the extent that doing so is necessary for it to make "sufficient findings to
permit meaningful review" of the recalculated child support obligations....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 16295, 2007 WL 3005573
...pport. The trial court carefully considered the evidence in the case and the general magistrate’s findings and conclusion. It agreed with the general magistrate’s recommendation that the circumstances warranted deviating from the guidelines. See 61.30(l)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...nal order.
In determining retroactive child support, "[t]he court shall apply the
guidelines schedule in effect at the time of the hearing subject to the
obligor's demonstration of his or her actual income . . . during the
retroactive period." § 61.30(17)(a), Fla....
...Rouson's
actual income during the retroactive time period but that the Department
failed to use this evidence to calculate his support obligation. We therefore
reverse and remand for recalculation of the retroactive support award in
accordance with section 61.30(1)(a).
Finally, as the parties correctly point out, the Department failed to
incorporate a child support guidelines worksheet in the final order.
Without a guidelines worksheet, we cannot determine whether an award of
retroactive child support is supported by the evidence....
CopyPublished | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 11490, 1996 WL 588685
...Jack E. Hooper appeals a nonfinal order increasing the amount of temporary child support which he is required to pay and argues that the trial court failed to consider and awarded temporary support in excess of the child support guidelines set forth in section 61.30, Florida Statutes (1995)....
...upport obligation, we are compelled to reverse because the trial court’s order does not set forth specific findings as to the parties’ income, the basis for the modified support amount, or any justification for the departure from the guidelines. § 61.30(l)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Goodman's
argument that his former wife's imputed income and trust income should be factored
into any retroactive award. These issues will likewise bleed into the child support
calculations, and we direct a similar determination of the issue of retroactive child
support as well. See § 61.30.
We note further that Mr....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 14988, 2004 WL 2290910
...of the trial court is supported by competent evidence”); Harbin v. Harbin,
762 So.2d 561, 563 (Fla. 5th DCA 2000) (finding reversible error where the trial court failed either to rule on a fee request or to reserve jurisdiction to do so); see also §
61.30(17)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10651, 1995 WL 597435
...t, substantial evidence, we are able to find no such evidence in the record. There is evidence that appellee’s father was disabled and living with appellee. However, there is no evidence that the father was financially dependent upon appellee. See § 61.30(ll)(c), Fla.Stat. (Supp.1994). Similarly, while there is evidence that appellee was married, there is no evidence that he and his present wife had any children. See § 61.30(12), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...See
§§
409.2563(5)(c), (6), Fla. Stat. (2016). If a hearing is held, section
409.2563(6)
mandates that an ALJ “shall consider all available and admissible information.”
Additionally, any administrative support order must comply with section
61.30, Florida Statutes. See §
409.2563(7)(e), Fla. Stat. (2016). Section
61.30(17)(b) requires that in determining a retroactive child support obligation the
ALJ must consider “[a]ll actual payments made by a parent to the other parent or
the child or third parties for the benefit of the child throughout the...
CopyPublished | Florida 4th District Court of Appeal
...her follow the
statutory guidelines or give reasons explaining any deviation. In either
event, the guidelines are the starting point for the determination.” Morrow
v. Frommer,
913 So. 2d 1195, 1197 (Fla. 4th DCA 2005) (internal citations
omitted). Section
61.30, Florida Statutes (2017), provides in pertinent
part:
(1)(a) The child support guideline amount as determined by
this section presumptively establishes the amount the trier of
fact shall order as child support in a...
...filed up to the time he turned eighteen years old.
5
percent from such guideline amount only upon a written
finding explaining why ordering payment of such guideline
amount would be unjust or inappropriate.
§ 61.30(1)(a), Fla. Stat. (2017). Section 61.30(11)(a) provides grounds
upon which the court may deviate.
The Fifth District’s opinion in Crouch v....
CopyPublished | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 15420, 2008 WL 4531802
...In the instant case there is no indication that the trial court considered the support guidelines prior to making its award. We, therefore, affirm as to all the other issues but remand for recalculation of child support. A review of the record indicates that the former husband’s available income pursuant section 61.30(2)(a) is approximately $1,737 per month....
...ty benefits/SSI; however, the trial court determined the amount totaled $620. * She is also awarded, pursuant to the order on appeal, $450 in permanent alimony. Thus, the former wife’s available income, according to the trial court and pursuant to section 61.30, is $1,070. The combined net income thus equals $2,807. According to the guidelines, the minimum child support needed is $607. § 61.30(6), Fla. Stat. (2008). Child care costs incurred on behalf of the children due to employment of either parent shall be reduced by 25% then added to the basic obligation. § 61.30(7), Fla....
...vailable income. Therefore, the former wife’s presumptive contribution to child support is 38% of $870 (the total amount of child support needed) or $330.60. As argued by the former husband, the trial court ordered the former wife to pay only $20. Section 61.30(l)(a), Florida Statutes, provides that “[t]he trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of suc...
...There is no indication that the trial court was aware of or considered the amount of the deviation. As the former husband argues, the Legislature specifically included disability payments to be included as income for the purposes of a child support calculation per section 61.30(2)(a)4., Florida Statutes....
...nt’s disability, especially where the father and mother both have minimal income, does not comport with the legislative intent. Instead, deviation from the guidelines normally is justified where a child’s special needs call for more support. See § 61.30(11), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 15957, 2007 WL 2935464
...For the children of his first marriage, appellant is paying total child support of $1,259 a month. Appellant and his second wife agreed he would pay her child support of $3,323 a month and alimony of $400 a month, making a total obligation of $3,723 a month. This agreement is incorporated in a court order. Section 61.30(3)(f), Florida Statutes (2005) provides that “court-ordered support for other children which is actually paid” is an allowable deduction from gross income for purposes of determining child support....
...” by attempting to use child support for subsequent children to reduce his obligations to the children from his first marriage. We agree with Pohlmann and conclude that the same thing occurred here. We need not reach the question of whether, under section 61.30(3)(f), support for children from a second marriage should be deducted from gross income when considering the downward modification of child support for children from a first marriage. See section 61.30(12), which addresses specific circumstances, and provides in section (12)(c) that in those circumstances support for subsequent children can only be raised in a proceeding for upward modification of support for children of a prior marriage. Pohlmann (section 61.30(12) prescribes a preference for a child protected by an existing child support order over subsequent children of payor parent); Robinson v....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 15225, 2003 WL 22316808
...r her to five without public assistance.” The trial court adopted the hearing officer’s recommendations, leaving the child support obligation at $200 per month. The guidelines amount constitutes a substantial change in circum *1206 stances under section
61.30(l)(b), Florida Statutes (2002), because it is a substantial increase over the existing obligation of $200 per month. 1 The child support guidelines apply to petitions for modification. Pitts v. Pitts,
626 So.2d 278, 284 (Fla. 1st DCA 1993). Section
61.30(1)(a) permits a court to deviate more than five percent from the presumptive guideline amount “upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or in...
...DOR makes additional arguments regarding the lack of record support for a downward deviation. Specifically, DOR argues that the trial court’s apparent concern for Mrs. Skir-ko’s ability to provide for her three other children was improper under section 61.30(12) because at least two of those children were born prior to the 1999 child support order and should not be considered....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 14614, 2001 WL 1205853
...custody to the father. The father appeals both the judgment and the order, and the cases have been consolidated. The father argues that the trial court erred in ordering him to pay guideline child support, without the adjustment which is required by section 61.30(ll)(b), Florida Statutes (1999), in cases in which the child spends a substantial amount of time with each parent....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 14545, 2010 WL 4277770
...THE CALCULATION OF THE CHILD SUPPORT AWARD The Husband argues that the amount of the child support award was incorrectly calculated because the trial court failed to deduct the amount of the periodic alimony award payable to the Wife in determining the amount of his net income. [1] The Husband is correct. Section 61.30 provides, in pertinent part: (3) Allowable deductions from gross income shall include: ....
...Affirmed in part, reversed in part, and remanded. NORTHCUTT and CRENSHAW, JJ., Concur. NOTES [1] We note that the trial court properly included the permanent periodic alimony awarded to the Wife in determining her income for the purpose of calculating the child support award. See § 61.30(2)(a)(9).
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 555, 2009 Fla. LEXIS 1663, 2009 WL 3132829
...may not be returned to the parent/custodian without further order of this court. 3. The Guardian Ad Litem Program is appointed. 4. The parents, within 28 days of the date of this order, shall provide to the *16 department the information necessary to accurately calculate child support under section 61.30, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...deficient in four respects.
First, the judgment fails to set forth the time-sharing schedule required
by section
61.13(2)(b)2., Florida Statutes (2020).
2
Second, the judgment fails to set child support consistent with section
61.30, Florida Statutes (2020).
Third, the judgment failed to determine which party had the right to
claim the federal income tax exemption for each of the minor children. See
§
61.30(11)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 14667, 2000 WL 1677204
...We reverse the order granting temporary support to appellee. The trial court’s order implicitly found that the husband was voluntarily unemployed or underemployed, but it failed to make the appropriate findings regarding the amount of net income imputed to the husband under section
61.30, Florida Statutes (1999). See Scapin v. Scapin,
547 So.2d 1012 (Fla. 1st DCA 1989). Consequently, it is impossible to determine if the amount of temporary child support awarded is correct under section
61.30....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 17730, 2007 WL 3274687
...There was insufficient evidence at trial for the court to determine the amount of business expenses and how they correlated with his living expenses. For example, five months of the husband’s expense reports showed expenses of $778, but there was no evidence that any of this amount went to reduce living expenses. See § 61.30(2)(a)(13), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 15666, 2001 WL 1359241
...In fixing the amount of retroactive support, the trial court limited the period to the two years immediately preceding the last effort at suit in 1999. On appeal mother argues that the two year period should be measured from her first attempt at suit in 1993. We agree and reverse. Section 61.30(17) provides that: “In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition.” § 61.30(17), Fla....
CopyPublished | Florida 5th District Court of Appeal
...Former Wife also argues that the trial court erred in failing to award
retroactive child support. “A trial court’s denial of retroactive child support is
reviewed for an abuse of discretion.” Johnson v. Johnson,
297 So. 3d 700,
704 (Fla. 1st DCA 2020) (citing §
61.30(17), Fla....
...evidence and factual findings sufficient to enable this Court to determine how
15
the trial court made the decisions it did.” Lennon v. Lennon,
264 So. 3d 1084,
1085 (Fla. 2d DCA 2019) (citations omitted).
Section
61.30 provides in relevant part:
(17) In an initial determination of child support,
whether in a paternity action, dissolution of marriage
action, or petition for support during the marriage, the...
...parent or the child or third parties for the benefit of
the child throughout the proposed retroactive period.
(c) The court should consider an installment payment
plan for the payment of retroactive child support.
§ 61.30(17)(a)-(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 19483, 2014 WL 6679010
...responsibility, monthly child support payments, arrearages and attorney’s fees.
This appeal followed.
The father argues that the trial court failed to determine the father’s net
income and include findings in the Final Judgment pursuant to section 61.30,
Florida Statutes (2012)....
...Fuith,
33 So. 3d 782,
786 (Fla. 5th DCA 2010); Armour v. McMiller,
15 So. 3d 923, 925 (Fla. 5th DCA
2009); Shrove v. Shrove,
724 So. 2d 679, 682 (Fla. 4th DCA 1999).
The trial court must determine the net income of each parent pursuant to
section
61.30, Florida Statutes, and include the findings in the final judgment.2
Armour, 15 So....
...1st DCA
2002) (reversing and directing the trial court to “disclose[] the specific numbers
that were used to calculate the amount of child support due and the parties’
2The net income of each parent is then combined to determine the minimum
amount of child support needed. § 61.30(6), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 17911, 2015 WL 7566689
...alimony is appropriate. However, the mandate requires that
1 The amount of child support awarded is dependent in part upon the alimony
determination, as spousal alimony received by a party is considered income
when determining child support guidelines. See § 61.30(2)(a)9., Fla....
...evidentiary hearing on all of the relevant factors in section
61.08(2), and
for a final judgment consistent with our holdings in Patino and Badgley.
After the trial court has ruled upon the alimony issue, it must then
recalculate the child support award accordingly. See §
61.30(2)(a)9.; see
also Pike, 932 So....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 16401, 2001 WL 1472613
...2d DCA Oct.12, 2001), this court held that the denial of visitation rights did not justify a denial of retroactive support. Therefore, we reverse the denial of retroactive support and remand for the trial court to determine the amount of retroactive support. For the purposes of remand, we note that section
61.30(17)(a), Florida Statutes (2000), provides that in considering the amount of retroactive support, the trial court shall apply the child support guidelines. In Johns , the Fourth District recognized, however, that under section
61.30(17) the “trial court has discretion to deviate from the guideline amount to assure that the father’s child support obligation is reasonable, equitable, and just.”
717 So.2d at 1105 (footnote omitted). Section
61.30(17)(b) requires that the trial court also consider the payments the noncustodial parent made during the retroactive period in determining the amount of the retroactive award....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 15174, 2000 WL 1724956
...It is undisputed that the former husband was not employed at the time of the hearing on the former wife’s motion for modification by which she sought child support. The lower court did not find that this unemployment was voluntary. This was error. § 61.30(2)(b), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 6478813
...roactive child support. However, in determining the amount of retroactive support owed, the Department failed to include any child support payments made by the Appellant during that 31-month time period. Failing to include this amount was error. See § 61.30(17)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 16221
...oth parties on these issues over multiple days. Affirmance is without prejudice for appellant to seek modification of the support and financial obligations if necessary following the trial court’s ultimate ruling on time sharing and parenting. See § 61.30(ll)(b), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607
...______________________________________________________________________________.
SECTION IV. CHILD SUPPORT
{Choose all that apply}
1. ____ Husband ____Wife requests that the Court award child support as determined by Florida’s
child support guidelines, section 61.30, Florida Statutes....
...The parties shall have time-sharing and parental responsibility in accordance with the Parenting
Plan attached as Exhibit _____.
SECTION IV. CHILD SUPPORT
1. _____ Wife ____ Husband (hereinafter “Obligor”) will pay child support, under Florida’s child
support guidelines, section 61.30, Florida Statutes, to the other parent....
...- 99 -
SECTION IV. CHILD SUPPORT
[Indicate all that apply]
1. _____Husband _____Wife requests that the Court award child support as determined by
Florida’s child support guidelines, section 61.30, Florida Statutes....
...Based upon the time-sharing schedule, the ____Husband _____Wife
is entitled to child support.
[Indicate all that apply]
2. ____Husband ____Wife requests that the Court award child support as determined by Florida’s
child support guidelines, section 61.30, Florida Statutes.
3....
...LY LAW
FORM 12.943,
MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (11/15)
When should this form be used?
Child support in Florida is determined by the child support guidelines found in section 61.30, Florida
Statutes....
...l Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. For further information, see section 61.30, Florida Statutes.
Special notes...
More information on the child support guidelines as well as a chart for converting income and expenses
to monthly amounts if paid or incurred on oth...
...ith the modification of the
time-sharing schedule
2.____ agree that child support will NOT be modified.
B. The ____ Mother ____ Father (hereinafter “Obligor”) will pay child support, under Florida’s
child support guidelines, section 61.30, Florida Statutes, to the other parent....
....
SECTION V. CHILD SUPPORT
{Indicate all that apply}
7. ____Husband _____Wife requests that the Court award child support as determined by Florida’s
child support guidelines, section 61.30, Florida Statutes....
...__________________________________________________________________________
SECTION III. CHILD SUPPORT
{Indicate all that apply}
1. _____Petitioner requests that the Court award child support as determined by Florida’s child support
guidelines, section 61.30, Florida Statutes....
...___________________________ 6.____________________________
SECTION III. CHILD SUPPORT
[Indicate all that apply]
1. Respondent requests that the court award child support as determined by Florida’s child
support guidelines, section 61.30, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 17621
PER CURIAM. Of all the issues raised, we find that the trial court abused its discretion only when it failed to impute income to the former wife in determining its child support award. The child support guidelines, section 61.30, specifically provide in pertinent part that: Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent’s part, absent physical...
...In the event of such voluntary *405 unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community[J (emphasis added). § 61.30(2)(b), Fla. Stat. (2001). Accordingly, that portion of the trial court’s order is remanded for findings concerning the amount of income attributable to each party and for recalculation of the child support award pursuant to section 61.30....
CopyPublished | Florida 5th District Court of Appeal
...McCann,
50 So. 3d 735, 737 (Fla. 5th
DCA 2010). Here, the trial court abused its discretion because, subject to
exceptions inapplicable here, Florida law precludes imputation of income at
a level higher than a party has ever earned in the past. See §
61.30(2)(b)2.b.,
Fla....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 15120, 1999 WL 1037969
...Appellee, former wife, concedes, and we agree, that while the trial court has the authority to reduce child support during periods of extended visitation, it does not have the authority to order the custodial parent to pay child support to the noncustodial parent during the period of extended visitation. See § 61.30(ll)(g), Florida Statutes; Gomez v....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 16045, 2001 WL 1415755
...On remand, the award must be recalculated in view of the finding that the former wife is not entitled to all three deductions. As of note, the former wife argues that because the former husband is not current with his support payments, he should not be entitled to the dependency exemptions based on section 61.30(ll)(a)8, Florida Statutes (2000). 1 Under the circumstances of this case, we do not find that section 61.30(ll)(a)8 requires that the trial court give the former wife all three deductions; however, with the rationale behind section 61.30(ll)(a)8 in mind, on remand, the lower tribunal is free to revisit the issue of the exemptions in restructuring the child support award....
...We reverse and remand for recalculation of the child support award consistent with this opinion. We have reviewed the other issues raised on appeal and find no error. REVERSED and REMANDED. STONE, STEVENSON, JJ., and CLARK, NIKKI ANN, Associate Judge, concur. . Section 61.30(1 l)(a)8, Florida Statutes, reads in pertinent part: The court may order the primary residential parent to execute a waiver of the Internal Revenue Service dependency exemption if the noncustodial parent is current in support payments.
CopyPublished | Florida 4th District Court of Appeal
...“Where the
essential findings necessary to calculate child support pursuant to the
guidelines are missing from the record, the appellate court cannot properly
perform its review function.” Johansson v. Johansson,
270 So. 3d 426,
427–28 (Fla. 4th DCA 2019).
Section
61.30, which governs retroactive child support, provides:
(b) Whenever a particular parenting plan, a court-ordered
time-sharing schedule, or a time-sharing arrangement
exercised by agreement of the parties provides that ea...
...exercising the same time-sharing schedule.
8. For purposes of adjusting any award of child support under
this paragraph, “substantial amount of time” means that a
parent exercises time-sharing at least 20 percent of the
overnights of the year.
§ 61.30, Fla....
CopyPublished | Supreme Court of Florida
..._______ Monthly court-ordered child support actually paid for children from another
relationship
25. _______ Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _______
25b. from other case(s): $ _______
26. $_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25)
27....
..._______ Monthly court-ordered child support actually paid for children from another relationship
25. _______ Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _________
25b. from other case(s): $ _________
26. $______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25.)
27....
...ion?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in “bold underline” in these instructions are defined there.
For further information, see section 61.30, Florida Statutes.
Special notes....
...RESPONDENT TOTAL
5. a. 100% of Monthly Child Care
Costs
[Child care costs should not exceed
the level required to provide quality
care from a licensed source. See
section 61.30(7), Florida Statutes,
for more information.]
b....
...Other payments/credits actually
made for any noncovered
medical, dental and prescription
medication expenses of the
child(ren) not ordered to be
separately paid on a percentage
basis. (See section 61.30 (8),
Florida Statutes.)
8....
...e, Child Care & Other
14. a. Total Monthly Child Care Costs
[Child care costs should not
exceed the level required to
provide quality care from a
licensed source. See section
61.30(7), Florida Statutes, for
more information.]
b....
...noncovered medical, dental and
prescription medication
expenses of the child(ren) not
ordered to be separately paid
on a percentage basis. [See
section 61.30(8), Florida
Statutes.]
17....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 15051, 1999 WL 1024042
...2d DCA 1998). No evidence in the record supports the finding. Martinez’s wife has never worked on a regular basis and now has six children to care for in the home. Further, the trial court erred in including the wife’s income in the calculations. Section 61.30(12), Florida Statutes (1997), does specify that if the respondent raises the support of subsequent children as a defense to a petition to increase child support, the calculations should include the income of the mother of the subsequent children. However, in this case, Martinez never raised the support of the three subsequent children, but raised only the support of the three older children. Furthermore, the wife’s imputed income would not constitute the payment of living expenses that section 61.30(2)(a)(13) contemplates because the wife is not actually earning the funds and paying the expenses....
CopyPublished | Florida 2nd District Court of Appeal
...appeals the judgment dissolving her marriage to M.A. Of her
several complaints, we find merit only in her assertion that the circuit
court should not have imputed a $100,000 annual income to her for
purposes of calculating child support. We reverse on that issue only.
Under section 61.30(2)(b), Florida Statutes (2021), a court must
impute income to an unemployed or underemployed parent "if such
unemployment or underemployment is found by the court to be
voluntary on that parent's part, absent a finding of fact by the court of
physical or mental incapacity or other circumstances over which the
parent has no control." § 61.30(2)(b)....
...herself or parent her
children or even to visit them without supervision. In other words, the
evidence strongly suggested that A.A.'s underemployment was due to
"physical or mental incapacity or other circumstances over which [she
had] no control." § 61.30(2)(b); see also Brown v....
...At the least, the evidence failed to satisfy M.A.'s
burden to show otherwise.
Finally, even if it could be found that A.A. was voluntarily
underemployed, there was no evidence of her occupational qualifications
or of the prevailing earnings level in the community for her type of work,
as required by section 61.30(2)(b)....
...The
statute anticipates this circumstance. When "information concerning a
parent's income is unavailable, a parent fails to participate in a child
support proceeding, or a parent fails to supply adequate financial
information in a child support proceeding," section 61.30 provides that
"income shall be automatically imputed to the parent and there is a
rebuttable presumption that the parent has income equivalent to the
5
median income of year-round full-time workers as derived from current
population reports or replacement reports published by the United States
Bureau of the Census." § 61.30(2)(b).
We reverse the judgment insofar as it imputes income to A.A.
for purposes of calculating child support....
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 8360, 1990 WL 165354
HARRIS, Judge. HRS, on behalf of Lynda Massey, appeals from an order increasing her child support. HRS contends the trial court failed to comply with the requirements of section 61.30, Florida Statutes (1989). We agree and reverse. It is evident from the record that the father's income has substantially increased since the original support award was entered. The trial court, instead of applying the section 61.30 formula, substituted its own formula — the same percentage (18%) originally ordered on the father’s previous income was made applicable to the new income. This clearly violated the provision of section 61.30 and we reverse for a new support hearing....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 6200, 2002 WL 920471
...On March 28, 1995, DOR filed the results in this case showing a probability of paternity of 99.96%. Benardo disputed the results. Pursuant to section
742.031, Florida Statutes, which provides that “[t]he court shall issue, upon motion by a party, a temporary order requiring the provision of child support pursuant to section
61.30 pending an administrative or judicial determination of parentage, if there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence,” DOR sought to establish temporary support for the mother....
CopyPublished | Florida 1st District Court of Appeal
...ary for a proper
determination of a parent’s support obligation as authorized by this section.” Id.
§
409.2563(2)(b). In this regard, the Department:
[M]ay establish a parent’s child support obligation pursuant to this
section, s.
61.30, and other relevant provisions of state law....
...for
health care for a child, whether through insurance coverage,
reimbursement of expenses, or both.
Id. §
409.2563(2)(c) (emphasis added). “Retroactive support” is defined as “a child
support obligation established pursuant to s.
61.30(17).” Id....
... which may include provisions for monetary support, retroactive support, health
care, and other elements of support pursuant to chapter 61.” Id. §
409.2563(1)(a)
(emphasis added); see also id. §
409.2563(7)(e)(5) (administrative support order
“must comply with ss.
61.13(1) and
61.30” and “provide and state findings, if
applicable, concerning: ....
...circumstances or the financial ability of the parties or the child,
decreasing, increasing, or confirming the amount of separate support,
maintenance, or alimony provided for in the agreement or order. . . .
Except as otherwise provided in s. 61.30(11)(c),[2] the court may modify
an order of support, maintenance, or alimony by increasing or
decreasing the support, maintenance, or alimony retroactively to the
date of the filing of the action or supplemental action for mod...
...modification of an administrative support order “retroactively to the date of the
filing of the action or supplemental action for modification.” In other words, an
administrative court can modify an administrative support order retroactively in the
2
Section
61.30(11)(c), is inapplicable because it relates to modifications arising
from a “parent’s failure” to abide by time-sharing responsibilities, which are
“retroactive to the date the noncustodial parent first failed to regularly exercise the
court-ordered or agreed time-sharing schedule.” §
61.30(11)(c), Fla. Stat. In cases
like the present one, subsection
61.14(1)(a) allows modifications to potentially
extend back further in time than section
61.30(11)(c) would permit.
6
same way that a judicial court can.
But for the word “prospectively” in subsection
409.2563(12), the two
statutory frameworks—61.14(1)(a) and
409.2563(12)—would dovetail in a
seamless and unified way....
CopyPublished | Florida 2nd District Court of Appeal
...amount of the award in light of the
findings.
Child Support
The former husband argues that the child support award was incorrectly
calculated because the $2500 alimony award was not deducted from his gross income as
required by section 61.30(4)....
...determine child support is well taken. The former wife concedes this was error but
correctly contends reversal is not required because the amount awarded does not exceed
five percent of what the child support award would have been without using the gross-up
method. See § 61.30(1)(a) (providing that any deviation beyond five percent of the child
support guideline amount requires a written finding); Fla....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 542, 2002 Fla. LEXIS 1154, 2002 WL 1066145
...The Rules Committee filed the instant petition on an out-of-cycle basis because the statutory revisions became effective October 1, 2001. See ch.2001-3, § 41, Laws of Fla. The Rules Committee also proposes amendments to Florida Family Law Rules of Procedure Form 12.902(e) based on 2001 amendments to section 61.30(11), Florida Statutes....
...Where can I look for more information? Before proceeding, you should read “General Information for Self Represented Litigants” found at the beginning of these forms. The words that are in “bold underline ” in these instructions are defined there. For further information, see section 61.30, Florida Statutes....
CopyPublished | Supreme Court of Florida
...39,
Florida Statutes.
11. The petitioner requests that the parents be ordered to provide to the Department of
Children and Families and the Department of Revenue financial information necessary to
accurately calculate child support under section 61.30, Florida Statutes, within 28 days of this
order.
12....
...Florida Statutes.
..... it is necessary.
4. The parents, within 28 days of the date of this order, shall provide to the
department the information necessary to accurately calculate child support under section 61.30,
Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7313, 2010 WL 2077163
...The deducted expenses included: car and truck expenses; office expense; repairs and maintenance; travel; deductible meals and entertainment; and "other expenses" (telephone; internet/phone/fax; software; passport; clothing; freight; "Spine Journal;" "Vendor Mate;" entertainment; parking). Citing section 61.30, Florida Statutes, and cases interpreting that statute, the Former Husband argues the trial court was required to deduct his "ordinary and necessary" business expenses in calculating his gross income....
...The statute he relies on governs child support determinations and provides that in determining a parent's monthly income for that purpose, gross income includes "business income," which in turn "means gross receipts minus ordinary and necessary expenses required to produce income." §
61.30(2)(a)3., Fla. Stat. (2008). We are not persuaded section
61.30 should be applied in this case where the relevant statute is section
61.08 governing alimony awards, and that statute speaks only in terms of "financial resources" and "all sources of income." See §
61.08(2)(d), (g), Fla. Stat. (2008). But even assuming the definition of "business income" in section
61.30 is properly applied here, the trial court did not act unreasonably in declining to accept the Former Husband's representations....
CopyPublished | Florida 4th District Court of Appeal | 1999 WL 333107
...The trial court must resolve any unsettled issues of visitation. With respect to the calculation of child support, the husband asserts that the trial court failed to deduct payments to a federally mandated pension plan from his income as required by section 61.30(3)(c), Florida Statutes (1997)....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 7957, 2005 WL 1226060
...Dep’t of Revenue,
710 So.2d 154, 155 (Fla. 4th DCA 1998) (finding court did not “impute” income but determined parent’s actual income). We also reject the wife’s contention that the husband is responsible for child care expenses for her children by a prior marriage. See §
61.30(7), Fla....
CopyPublished | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 386, 2012 WL 1869337, 2012 Fla. LEXIS 1143
...*308 [[Image here]] *309 [[Image here]] *310 [[Image here]] *311 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (05/12) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756
...apter 39, Florida Statutes. 9. The petitioner requests that the parents be ordered to provide to the Department of Children and Family Services and the Department of Revenue financial information necessary to accurately calculate child support under section 61.30, Florida Statutes, within 28 days of this order....
...The children).may.may not be returned to the parent/custodian without further order of this court. 3.The Guardian Ad Litem Program is appointed. *322 4. The parents, within 28 days of the date of this order, shall provide to the department the information necessary to accurately calculate child support under section 61.30, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 7963, 2003 WL 21180332
...Since the instant petition was filed after July 1, 1998, back support is only recoverable for a period up to twenty-four (24) months preceding the filing of said petition. *973 See Horn v. Fla, Dep't of Revenue ex rel. Abel,
752 So.2d 687 (Fla. 3d DCA 2000); §
61.30(17), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 7712, 2016 WL 2944624
...reside together in the same household with the child, not to
exceed a period of 24 months preceding the filing of the
petition, regardless of whether that date precedes the filing of
the petition.
§ 61.30(17), Fla....
...lter the remainder of the
retroactive support award.
2
child. In this case, the trial court abused its discretion by awarding retroactive support
after the initial determination of child support. See § 61.30(17), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...In determining an award of retroactive child support, the court shall "apply
the guidelines schedule in effect at the time of the hearing subject to the obligor's
demonstration of his or her actual income . . . during the retroactive period."
§ 61.30(17)(a) (emphasis added); see also Swor v....
CopyPublished | Florida 4th District Court of Appeal
...But an updated worksheet reflecting these changes does not appear in the
record, the Magistrate’s Report, or the Final Judgment. The updated
worksheet must be included. Dorvilien v. Verty,
335 So. 3d 146, 147 (Fla.
4th DCA 2022).
Similarly, “[i]n conformance with section
61.30, the case law is ‘well-
settled that a trial court errs by failing to make findings of fact regarding
the parties’ incomes when determining child support.’” J.A.D....
CopyPublished | Florida 4th District Court of Appeal
...It also refused to impute the U.S.
Census Bureau median level of income, because the level placed in
evidence by the father was not for the year 2014, the year for determining
the income level for the wife based on the prior hearing. The court imputed
minimum wage income to the mother. Because section 61.30, Florida
Statutes (2014), requires that each parent support the child, we conclude
that once the court found that the mother was able to work, the court was
required to impute some level of income to her....
...retion.
Affirmed.
MAY and DAMOORGIAN, JJ., concur.
WARNER, J., concurs specially with opinion.
2
WARNER, J., concurring specially.
While I concur in the majority opinion, had the father argued that
section 61.30(1), Florida Statutes (2014), requires imputation of U.S.
Census Bureau median income where the presumption of its application
is not refuted, I would have reversed for a new hearing.
The parties and the trial court relied on Schram v....
...4th DCA 2009).
Schram, however, was decided prior to the 2010 amendments to the child
support statutes. The legislature enacted section
61.29(1), Florida
Statutes (2011), which declared that, “Each parent has a fundamental
obligation to support his or her minor or legally dependent child.”
(emphasis added). Section
61.30(2)(b), Florida Statutes (2011), modified
the determination of imputation of income....
...education, experience, current licensure, or geographic
location, with due consideration being given to the
parties' time-sharing schedule and their historical
exercise of the time-sharing provided in the parenting
plan or relevant order.
§ 61.30(2)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 1998 WL 241274
...nd to make a final award of child support. We affirm. DOR’s argument ignores the fact that the imputation of income is based on a parent’s voluntary unemployment or underemployment. See, e.g., Warner v. Warner,
692 So.2d 266 (Fla. 5th DCA 1997); §
61.30(2)(b), (9), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5256, 1992 WL 101493
...At some point that cannot be determined from the record, custody of the child shifted to Behnke and he sought financial assistance from Coolidge. The trial court awarded Behnke $210.88 per month, a sum apparently extrapolated from the guidelines, see § 61.30, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2016 WL 2760103, 2016 Fla. App. LEXIS 7305
...these
findings. On remand, the trial court should allow the parties to present additional evidence
regarding their respective incomes and determine the appropriate child support amount
and starting date based on the statutory guidelines found in section 61.30, Florida
Statutes (2015).
In all other respects, we affirm.
AFFIRMED IN PART; REVERSED IN PART; REMANDED FOR FURTHER
PROCEEDINGS.
LAWSON, C.J., EVANDER and LAMBERT, JJ., concur....
CopyPublished | Florida 4th District Court of Appeal
...y
monies to the purchase.
Subsequently, in early 2019, Former Wife filed a petition for dissolution
of marriage and other relief. Former Wife’s petition requested: (1) a
parenting plan including equal timesharing; (2) child support pursuant to
section
61.30, Florida Statutes (2019); (3) equitable distribution of marital
assets under section
61.075, Florida Statutes (2019); (4) “all forms of
alimony including, but not limited to, temporary, permanent periodic,
rehabilitative, durational,...
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 1923791, 2013 Fla. App. LEXIS 7562
...This case was previously before this court in Dep’t of Revenue ex rel. Mash v. Ingram,
81 So.3d 643 (Fla. 1st DCA 2012). The administrative support order in that case was reversed based on the ruling in Dep’t of Revenue ex rel. Sherman v. Daly,
74 So.3d 165 (Fla. 1st DCA 2011), where this court held that section
61.30(11), Florida Statutes, did not provide authority to deviate from the statutory child support guidelines for equitable reasons when no documented parental time-sharing plan was in place. The order now on appeal is the final administrative support order upon remand. On remand, the administrative law judge established the father’s current child support obligation in accordance with the child support guidelines in section
61.30, Florida Statutes and no error in this calculation has been shown by the Department. However, the Department correctly argues that the calculation of the father’s retroactive child support obligation erroneously included credit for his “in-kind contribution” of child-rearing responsibilities, in an amount of $352.00. *170 Section
61.30(17), Florida Statutes, requires the court to consider “actual payments made by a parent to the other parent or the child or third parties for the benefit of the child throughout the proposed retroactive period” in determining a retroactive child support obligation. §
61.30(17)(b), Fla. Stat. (2011). It is possible that gifts purchased for the benefit of the child might qualify as “actual payments ... for the benefit of the child” as contemplated by section
61.30(17)....
...nactment. See Dep’t of Revenue ex rel. Sherman v. Daly,
74 So.3d 165 (Fla. 1st DCA 2011) (plain language of statute not to be extended beyond express terms; absence of a court-ordered or —approved parenting plan precludes application of sections
61.30(11)(a) and (11)(b) to make any adjustment to guidelines child support obligation); Kern v....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 7077, 2006 WL 1234983
...ars within a month. Thereafter, D.O.B. was to pay $50 per month toward the arrearages until they were paid in full. D.O.B. objected to the trial court’s ruling. He argued that child support had to be calculated in accordance with the guidelines in section 61.30, Florida Statutes (2004), and that the trial court’s ruling failed to consider numerous provisions of that statute....
...orth these provisions and a separate order terminating protective supervision for the family. There was no stipulation regarding child support. There was no motion seeking such support and no accompanying financial affidavit of G.J.G. as required by section
61.30(14). D.O.B. received no notice of hearing regarding child support. Although section
61.30(l)(a) provides: *494 “The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support,” the trial court made no attempt to calculate child support in accordance with the guidelines. See also Wallace v. Dep’t of Revenue,
774 So.2d 804 (Fla. 2d DCA 2000) (explaining proper calculation of child support under section
61.30 when social security disability benefits are paid to a parent and to their child on the disabled parent’s behalf). The trial court did not assess whether D.O.B.’s visitation with the children would merit a reduction in any guideline amount. See §
61.30(ll)(a)(10), (b)....
...Further, it appears that the $350 per month the court awarded as child support represents a deviation of more than 5% over the amount a guideline calculation would require, thus necessitating a written order “explaining why ordering payment of such guideline amount would be unjust or inappropriate.” § 61.30(l)(a)....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 5506, 2000 WL 572639
...rovided to this court that although the parties have two minor children 1 entitled to child support, the general master calculated child support based upon the one-child column in the child support guidelines rather than the two-children column. See § 61.30(6), Fla....
CopyPublished | Florida 4th District Court of Appeal
...He claims that the court erred in finding no substantial change
in circumstances due to the decrease of his income, and it further erred in
failing to impute income to the former wife, whom he contended was
voluntarily underemployed. The trial court did not follow section 61.30,
Florida Statutes (2016), in the modification proceeding....
...determine the parties’ respective incomes or determine whether the former
wife was voluntarily underemployed. Without such findings, we cannot
perform meaningful appellate review. We therefore reverse for the trial
court to make the appropriate findings and calculations required by
section 61.30.
In the final judgment of dissolution of the parties’ marriage, the former
husband was directed to pay $3000 per month in bridge-the-gap alimony
to transition the wife from married life to single life....
...Second, the child support
guidelines may provide the basis for a finding of substantial change of
circumstances for modification of an existing order of support where the
monthly obligation would change by fifty dollars or fifteen percent,
whichever is greater. § 61.30(1)(b), Fla. Stat. (2016). Third, the child
support guidelines analysis under section 61.30 applies to modification
proceedings. § 61.30(1)(a), Fla....
...omes); Todd v. Guillame-
Todd,
972 So. 2d 1003, 1007 (Fla. 4th DCA 2008) (concluding that the
final judgment was facially erroneous because it did not make any findings
as to the net income of each party in calculating child support).
Pursuant to section
61.30(1)(b), a substantial change in circumstance
may result from a sufficiently large change in the guidelines support
amount. Without the determination of the income of each party, it is
unknown whether that threshold was reached in this case.
Furthermore, section
61.30 requires the court to impute income to a
voluntarily unemployed or underemployed parent, unless the court finds
that the parent cannot work due to circumstances beyond the parent’s
control....
...Otherwise, income must be imputed in accordance with the
statute and the fundamental obligation of each parent to support their
children. §
61.29(1), Fla. Stat. The court made no findings on this issue.
As the trial court did not follow the dictates of section
61.30, we reverse
and remand for the trial court to make the findings and calculations
necessary to properly calculate the child support guideline amount and
then to determine whether modification should be granted or denied after
the appropr...
CopyPublished | Florida 4th District Court of Appeal
...not clear as to the exact amount the child support is to be reduced by
upon a child’s emancipation,” a hearing is required to fix child support for
2
the remaining children in accordance with the guidelines set forth in
section 61.30 of the Florida Statutes....
CopyPublished | Supreme Court of Florida
...The parties shall have time-sharing and parental responsibility in accordance with the Parenting
Plan attached as Exhibit _____.
SECTION IV. CHILD SUPPORT
1. ____ Wife ____ Husband (hereinafter “Obligor”) will pay child support, under Florida’s child
support guidelines, section 61.30, Florida Statutes, to the other parent....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 3602, 2016 WL 899334
...the payroll deductions from the former wife’s gross income. Child
2
support is calculated based on a set of guidelines and a formula, the
starting point of which is gross income, reduced by deductions allowed
by the statute. See § 61.30(2), Fla....
CopyPublished | Florida 5th District Court of Appeal
...The court then extrapolated from these facts to find that Former Husband's annual income for purposes of computing child support was $ 86,400 ($ 7200 per month multiplied by twelve months). Former Husband contends that this ruling is erroneous as a matter of law. We agree. Section 61.30, Florida Statutes (2017), sets forth the child support guidelines to be applied in Florida and the manner in which the court is to determine the parties' respective net incomes for purposes of computing the child support obligations. See § 61.30(2) - (4), Fla. Stat. Specifically, section 61.30(2)(a) 3....
...expenses must be allocated in the same percentage as the child support allocation." Julia v. Julia ,
263 So.3d 795 , 797,
2019 WL 211520 (Fla. 4th DCA Jan. 16, 2019) (quoting Zinovoy v. Zinovoy ,
50 So.3d 763 , 764-65 (Fla. 2d DCA 2010) ); see also §
61.30(8), Fla....
CopyPublished | Florida 5th District Court of Appeal
...The court then extrapolated from these facts to find that Former Husband's annual income for purposes of computing child support was $ 86,400 ($ 7200 per month multiplied by twelve months). Former Husband contends that this ruling is erroneous as a matter of law. We agree. Section 61.30, Florida Statutes (2017), sets forth the child support guidelines to be applied in Florida and the manner in which the court is to determine the parties' respective net incomes for purposes of computing the child support obligations. See § 61.30(2) - (4), Fla. Stat. Specifically, section 61.30(2)(a) 3....
...expenses must be allocated in the same percentage as the child support allocation." Julia v. Julia ,
263 So.3d 795 , 797,
2019 WL 211520 (Fla. 4th DCA Jan. 16, 2019) (quoting Zinovoy v. Zinovoy ,
50 So.3d 763 , 764-65 (Fla. 2d DCA 2010) ); see also §
61.30(8), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 3307, 2006 WL 544531
...f the amount of child support. He argues that the amount of child support awarded was erroneously based upon the parties’ gross monthly incomes and upon the addition of child care costs for tuition about which no evidence was introduced. We agree. Section 61.30, Florida Statutes (2005), provides for the calculation of child support. The statute specifically provides for the use of net monthly income to calculate child support from the table. § 61.30(5), Fla. Stat. (2005). A review of the record shows that the parties’ gross monthly incomes were used instead. The general master also added child care costs to appellant’s basic child support obligation as provided for in section 61.30(7), Florida Statutes (2005)....
CopyPublished | District Court of Appeal of Florida
of any testimony that they will or 3 See §
61.30(2)(a)13., Fla. Stat. (2022) (“Income shall be determined
CopyPublished | Florida 1st District Court of Appeal | 2008 WL 595930
...7, and $17.00 per month towards retroactive support of $4,848.00. These figures conformed with Brake's counsel's calculations. The trial court did not make any findings regarding Appellant's ability to work or earning capacity. This appeal followed. Section 61.30(2)(b), Florida Statutes (2005), provides, Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 2687, 2010 WL 743934
...008 and his anticipated yet unearned stock awards for December 2008 as part of his annual income for 2008. Such nonrecurring income can instead be considered by the trial court when the recurring income is not sufficient to meet a child's needs. See § 61.30(13), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Ondrejack v. Ondrejack,
839 So. 2d 867, 871 (Fla. 4th DCA 2003). However,
“[w]hether a trial court’s mathematical computations are correct is a question of
law which is reviewed de novo.” Kareff v. Kareff,
943 So. 2d 890, 892 (Fla. 4th
DCA 2006).
“Section
61.30(9), Florida Statutes, provides the statutory formula which
must be used to determine each parent’s actual dollar share.” Ondrejack, 839
So....
...The court must then determine
each parent’s net monthly income by subtracting the statutorily specified
deductions from their gross monthly income. See id. These deductions include
“[f]ederal, state, and local income tax deductions,” among others. § 61.30(3)(a),
Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 4431, 2006 WL 782706
...The court reasoned that once the probate court determined a need for a guardianship of the property, then the trial court, in the support proceeding, could use the guardian to protect the portion of the child support payment that the trial court determined pursuant to section 61.30 was not needed for the child’s day-to-day custodial expenses....
CopyPublished | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 821, 1989 Fla. App. LEXIS 1617, 1989 WL 29040
...iage with the husband whose income is approximately $40,000 per year. See Womble v. Womble,
521 So.2d 149 (Fla. 5th DCA), rev. den.,
528 So.2d 1184 (Fla. 1988). With respect to the child support, we conclude that the award is clearly inadequate, see section
61.30, Florida Statutes (1987), but take cognizance of the husband’s argument that the requirement of the final judgment that he make the mortgage payments on the marital home inhibits his ability to pay more child support....
CopyPublished | Florida 5th District Court of Appeal
...2d 890, 892 (Fla. 4th DCA 2006). The trial court in the case at
hand concluded that the parties had essentially equal annual
incomes of approximately $60,000; thus, neither was entitled to
child support. That conclusion is challenged by Former Wife.
Section 61.30, Florida Statutes (2022), sets forth the child
support guidelines to be applied in Florida and the manner in
which the court is to determine the parties’ respective net incomes
for purposes of computing child support obligations. See §
61.30(2)–(4), Fla. Stat. Specifically, section 61.30(2)(a)3....
...Thus, for
2019, the evidence before the court revealed Former Wife’s
monthly average gross income to be $3,406.58. In 2020, she
reported her annual gross income after business expenses as
$29,269, which translates to $2,439 as monthly gross income as
defined in section 61.30(2)....
...affidavit
demonstrated that her gross monthly income after business
expenses was $3,078.
Child support obligations are to be based upon the parties’ net
income, which “is obtained by subtracting allowable deductions
from gross income.” § 61.30(3), Fla....
...are not supported by competent substantial evidence and must be
reversed. Pukin,
365 So. 3d at 496. Those same conclusions as to
income reflect that the trial court was not computing child support
based on monthly net income pursuant to the requirements of
section
61.30....
CopyPublished | Florida 5th District Court of Appeal
...ce
of the order or judgment, the appellate court can reverse).
It is well-established Florida law that both child support and
spousal support calculations should be based on net monthly
income, not gross monthly income.
For child support, section 61.30, Florida Statutes (2023),
outlines the process for determining each parent’s net monthly
income by first calculating the gross monthly income and then
subtracting specified deductions, such as federal, state, and local
income taxes....
...Dunson,
369 So. 3d 1188, 1190 (Fla. 5th
DCA 2023) (citing King v. King,
320 So. 3d 766 (Fla. 4th DCA
2021)). “Gross income shall include . . . [s]pousal support received
from a previous marriage or court ordered in the marriage before
the court.” §
61.30(2)(a)9., Fla. Stat. “Net income is obtained by
subtracting allowable deductions from gross income . . . [which]
include[s]: [s]pousal support paid pursuant to a court order from a
previous marriage or the marriage before the court.” Id. §
61.30(3)(g), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Because the trial
court did not make any findings or include a child-support
worksheet with the dissolution judgment, we have no way to assess
whether the trial court considered whether that period qualified
as a “deviation factor” or other basis for an adjustment under
section 61.30(11), Florida Statutes....
CopyPublished | Supreme Court of Florida
...Florida Statutes.
911. The petitioner requests that the parents be ordered to provide to the Department of
Children and Family Servicesies and the Department of Revenue financial information necessary
to accurately calculate child support under section 61.30, Florida Statutes, within 28 days of this
order.
1012....
...may…… may not be returned to the parent/custodian without further
order of this court.
3. The Guardian Ad Litem Program is appointed.
4. The parents, within 28 days of the date of this order, shall provide to the department the
information necessary to accurately calculate child support under section 61.30, Florida
Statutes....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...______________________________________________________________________________.
SECTION IV. CHILD SUPPORT
{Choose all that apply}
1. ____ Husband ____Wife requests that the Court award child support as determined by Florida’s
child support guidelines, section 61.30, Florida Statutes....
...The parties shall have time-sharing and parental responsibility in accordance with the Parenting
Plan attached as Exhibit _____.
SECTION IV. CHILD SUPPORT
1. _____ Wife ____ Husband (hereinafter “Obligor”) will pay child support, under Florida’s child
support guidelines, section 61.30, Florida Statutes, to the other parent....
...- 97 -
SECTION IV. CHILD SUPPORT
[Indicate all that apply]
1. _____Husband _____Wife requests that the Court award child support as determined by
Florida’s child support guidelines, section 61.30, Florida Statutes....
...Based upon the time-sharing schedule, the ____Husband
_____Wife is entitled to child support.
[Indicate all that apply]
2. ____Husband ____Wife requests that the Court award child support as determined by Florida’s
child support guidelines, section 61.30, Florida Statutes.
3....
...ILY LAW
FORM 12.943,
MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (03/15)
When should this form be used?
Child support in Florida is determined by the child support guidelines found in section 61.30, Florida
Statutes....
...l Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. For further information, see section 61.30, Florida Statutes.
Special notes...
More information on the child support guidelines as well as a chart for converting income and expenses
to monthly amounts if paid or incurred on ot...
...Agreement for Relocation with Minor
Child(ren) (03/15)
- 340 -
B. The ____ Mother ____ Father (hereinafter “Obligor”) will pay child support, under
Florida’s child support guidelines, section 61.30, Florida Statutes, to the other parent....
....
SECTION V. CHILD SUPPORT
{Indicate all that apply}
7. ____Husband _____Wife requests that the Court award child support as determined by Florida’s
child support guidelines, section 61.30, Florida Statutes....
...__________________________________________________________________________
SECTION III. CHILD SUPPORT
{Indicate all that apply}
1. _____Petitioner requests that the Court award child support as determined by Florida’s child
support guidelines, section 61.30, Florida Statutes....
...___________________________ 6.____________________________
SECTION III. CHILD SUPPORT
[Indicate all that apply]
1. Respondent requests that the court award child support as determined by Florida’s child
support guidelines, section 61.30, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 3900, 35 Fla. L. Weekly Fed. D 699
...Without any findings regarding the parents' incomes, the court ordered Mr. Zepeda to make up the difference in the event that the Tribe reduces the child's stipend in the future. Moreover, the support award was ordered without regard to whether the child would be spending a substantial amount of time with her father. Section 61.30 establishes child support guidelines based on the parents' incomes. It contains a specific provision allowing the court to adjust child support obligations based on "[independent income of the child, not to include moneys received by a child from supplemental security income." § 61.30(11)(a)(2). The statute also mandates an adjustment in support when "a parent exercises visitation at least 40 percent of the overnights of the year." § 61.30(11)(b); Rainsberger v....
...Rainsberger,
819 So.2d 275 (Fla. 2d DCA 2002). Here, the circuit court was not authorized to completely bypass the child support guidelines. We reverse the temporary support award and remand for the court to fashion temporary child support in a manner consistent with section
61.30....
CopyPublished | Florida 1st District Court of Appeal
actually paid” to determine the parent’s net income. §
61.30(3)(f), Fla. Stat. (2019) (emphasis added). Where
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 2860, 1998 WL 128890
...ement of $4,160.72 in outstanding medical bills incurred in connection with the birth of the child. On appeal, the mother asserts that the trial court abused its discretion in the following ways: 1) by failing to follow the child support guidelines, section 61.30, Florida Statutes (1995); 2) by determining that the father’s professional football “signing bonus” was nonrecurring income, in light of subsection 61.30(2)(a)2; 3) by fading to consider the father’s contract salary for 1998, 1999, and 2000, without bonus income; 4) by ordering a portion of the child support monies to be placed in trust for the minor child; 5) by entering a final judgm...
...evidence presented at the hearing that the father gave her money to pay for coverage of the child through her group health insurance. The denial of this claim is therefore affirmed. *284 However, we find that the trial court failed to comply with subsection 61.30(2)(a), Florida Statutes (1995), when it refused to consider the father’s signing bonus in calculating his gross income for the purpose of determining the minimum guideline child support need under subsection 61.30(6), and that this failure to comply with the statute affected all further calculations....
...child support monies in a trust are reversed. The case is remanded to the trial court for further consideration of these and other issues. On remand, the trial court is directed to determine the following issues in compliance with sections
61.13 and
61.30, Florida Statutes (1995), in light of the supreme court’s very recent decision in Finley v. Scott,
707 So.2d 1112 (Fla.1998): 1) for each parent, the gross monthly income under subsection
61.30(2)(a), 4 the allowable deductions under subsection
61.30(3), and the net monthly income under subsection
61.30(4); 2) the combined net monthly income of the parents under subsection
61.30(5); 3) the minimum guideline child support need under subsection
61.30(6), using the schedule amount for a combined net monthly income of $10,000 (i.e., $1,437) plus five percent of the amount of combined net monthly income over $10,000; 4) the child care costs incurred due to the mother’s employment or education, less 25 percent, under subsection
61.30(7); 5) whether either of the parents has access at a reasonable rate to group health insurance coverage for the child 5 and if so, which parent shall provide health insurance coverage for the child and the cost of such insurance under subsection
61.30(8); 6) the total minimum support need, calculated by adding the child care costs from step four and the health insurance costs from step five to the minimum guideline child support need from step three; 7) each parent’s percentage share of the child support need under subsection
61.30(9); 8) each parent’s actual dollar share of the child support need under subsection
61.30(10); 9) any adjustment to the minimum child support award, or to either parent’s share of the minimum child support award, which may be needed to achieve an equitable result under subsection
61.30(11), including any adjustment for the health insurance coverage mandated by section
61.13; 10) whether, and if so, why, ordering payment of the amount of child support determined from the child support guidelines would be unjust or inap...
...The case is REMANDED to the trial court for further proceedings consistent with this opinion. WOLF and LAWRENCE, JJ., concur. . Under the contract his salary will be $275,-000 in 1997, $650,000 in 1998, $1,225,000 in 1999, and $1,350,000 in 2000. . Section 61.30, Florida Statutes (1995)....
...nes amount, but only if it makes a written finding, or a specific finding on the record, explaining why payment of the guideline amount of child support would be unjust or inappropriate and "the statutory factors supporting the varied amount,” see section 61.30(l)(a), Florida Statutes (1995), and Finley v....
CopyPublished | Supreme Court of Florida
...the child/children has/have special needs as defined in section
39.01305, Florida Statutes.
..... it is necessary.
4. The parents, within 28 days of the date of this order, shall provide
to the department the information necessary to accurately calculate child
support under section
61.30, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 3228, 1993 WL 80525
...Second, there is no abuse of discretion in the child support award. Assuming without deciding that the 1991 amendment to the child support guidelines was applicable to this case, the total child support award of $1,058 a month is somewhat less than the guidelines presumptively call for, namely, $1,198.60. § 61.30, Fla.Stat. (1991). The trial court did not abuse its discretion, however, in adjusting this amount downward in view of the limited amount of monthly disposable income which the husband has after paying monthly marital debts and alimony obligations. § 61.30(10)(c), (i), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 757, 1989 Fla. App. LEXIS 1519, 1989 WL 25340
recommended child support guidelines under section 61.-30, Florida Statutes (1987).2 The General *1187Master
CopyPublished | Florida 5th District Court of Appeal
...R CURIAM. *1270 We affirm the judgment in its entirety. However, we remand with instructions to the trial court to allocate responsibility for the payment of the child's noncovered medical, dental, and prescription medication expenses as required by section 61.30(8), Florida Statutes (2015)....
CopyPublished | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 4767, 2013 WL 1165060
...John Garren, the father, seeks review of a final judgment of paternity. He raises several issues, only one of which has merit. The father argues, and we agree, that the trial court erred in failing to reduce the father’s child-support obligation under section 61.30(ll)(b), Florida Statutes (2011), * based on the time-sharing schedule the court ordered....
...nt for a substantial amount of time, as that concept is defined in the statute. If the father does not regularly exercise a substantial amount of time-sharing with the child, the mother may seek modification of the child-support order on that basis. §
61.30(ll)(c), Fla. Stat. (2011); Buhler,
913 So.2d at 769 . At this time, however, we reverse and remand for application of the section
61.30(ll)(b) variance. In all other respects, the final judgment of paternity is affirmed. AFFIRMED in part; REVERSED in part; and REMANDED. BENTON, C.J., ROBERTS, J., and WRIGHT, WILLIAM L., Associate Judge, concur. The applicable version of section
61.30 became effective on January 1, 2011, during the pendency of the case before the trial court....
CopyPublished | Florida 4th District Court of Appeal
...former wife’s calculation of six as the number of additional overnights that
he receives under the new plan.
The number of overnights which children spend with each parent is
part of the formula for calculating the amount of child support allocated
to each parent. See § 61.30(11)(b), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 3512, 2004 WL 533940
...Yvondia Herring asserts the commission of a variety of errors by the trial court in this appeal from a final judgment of dissolution of marriage. We detect only one matter that requires correction. Because there are no findings of fact contained in the judgment related to child support, as required by section 61.30, Florida Statutes (2003), we conclude that we must reverse on this point....
CopyPublished | Florida 2nd District Court of Appeal | 1998 WL 116242
for the presumptive minimum amount of support. §
61.30(6), Fla. Stat. Instead, the father argues that
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 3291, 2004 WL 575692
...(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. (4) Net income for the obligor and net income for the obligee shall be computed by subtracting allowable deductions from gross income. § 61.30(2)-(4), Fla....
...period subsequent to 2000. The wife argues that the husband’s business income has improved in more recent years. Nothing we say here precludes the wife from moving for modification if she believes that the statutory trigger contained in paragraph 61.30(l)(b), Florida Statutes, has been surpassed....
...The husband’s business income was reported on. Schedule C. . Business income is simply one type of gross income. Other examples of gross income include salary or wages, bonuses, commissions, interest and dividends, rental income, pension benefits, and so on. See id. § 61.30(2)(a)....
CopyPublished | Florida 5th District Court of Appeal
and prevailing earnings level in the community." §
61.30(2)(b), Fla. Stat. (2018) ; see Freilich v. Freilich
CopyPublished | Florida 5th District Court of Appeal
and prevailing earnings level in the community." §
61.30(2)(b), Fla. Stat. (2018) ; see Freilich v. Freilich
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 3553, 2006 WL 626065
...We first address the former husband’s claim that the trial court erred in its child support calculation. The former husband contends that the trial court erroneously refused to provide him the benefit of the forty percent rule contained in the child support statute. See § 61.30(ll)(b), Fla. Stat. (2004). The statute provides a special calculation where the noncustodial parent has the children for overnight visitation for at least forty percent of the nights per year. See id. § 61.30(ll)(b)10....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2176, 2009 WL 633200
...The Former Wife concedes that the trial court erred in including health insurance costs in the Former Husband's child support calculations and then ordering him to pay one-half of the health insurance premiums as additional child support. This double assessment was error. See § 61.30(3), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 2491568, 2017 Fla. App. LEXIS 8538
...We reverse only that portion of the court's order that directs Mrs. Andrews
to pay $521 a month in child support to her former husband prospectively until the
parties' second oldest child's eighteenth birthday. We affirm the final order in all other
aspects.
Section 61.30(11)(c), Florida Statutes (2015), allows for modification of a
child support award based on one parent's failure to exercise the parties' time-sharing
schedule, and the statute directs that modification shall be retroactive to the date the
parent first failed to exercise time-sharing....
...Andrews' prospective monthly payment of the $521
was not warranted. See Buhler v. Buhler,
83 So. 3d 790, 792 (Fla. 5th DCA 2011)
(recognizing that "[b]y its nature," a parent's failure to exercise time-sharing "occurs over
a period of time" and that pursuant to section
61.30(11)(c), "during that time frame" the
other parent is entitled to a modification in the child support award (emphasis added)).
On remand, the trial court shall amend the final order to reflect that Mrs.
Andrews is only r...
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 3191135, 2016 Fla. App. LEXIS 8850
...used on the child support guidelines worksheet did not match the figures on the
parties’ most recent financial affidavits. Absent findings explaining the disparity,
we cannot determine whether the award was made in accordance with the guidelines
in section 61.30, Florida Statutes, and we thus reverse and remand for
recalculation....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 2053297, 2012 Fla. App. LEXIS 9184
...§
409.2563(13)(a), Fla. Stat. The statute requires that the Department use the parent’s affidavits, along with other information available to the Department, when calculating the child support obligation owed by the parent from whom support is sought under the section
61.30 child support guidelines....
...ort obligation. See, e.g., §
409.2563(4)(c), Fla. Stat.; §
409.2563(4)(g), Fla. Stat.; §
409.2563(5)(a), Fla. Stat.; §
409.2563(5)(b), Fla. Stat. Similar references to the parent’s — not caregiver’s— financial information is found within section
61.30, Florida Statutes, which sets forth the guidelines for the determination of child support. See §
61.30(2), Fla. Stat.; §
61.30(2)(b), Fla. Stat.; §
61.30(9), Fla. Stat.; §
61.30(10), Fla....
CopyPublished | District Court of Appeal of Florida
148, 149 (Fla. 1st DCA 2012). In this case, section
61.30, Florida Statutes, supports the conclusion that
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2015) (requiring
evidence and findings of “the employment potential and probable
earnings . . . based upon his or her recent work history,
occupational qualifications, and prevailing earnings level in the
community if such information is available,” under § 61.30(2)(b),
Fla....
...ition
and employability in contrast to those of the former wife suggests
the statutory factors for imputing income for child support
purposes, the trial court was not considering, and did not make
any ruling upon, an imputation of income pursuant to section
61.30(2)(b)....
CopyPublished | Florida 5th District Court of Appeal
compute his retroactive support obligation. See §
61.30(17)(a), Fla. Stat. (2017) ; see also Finch, 65
CopyPublished | Florida 5th District Court of Appeal
compute his retroactive support obligation. See §
61.30(17)(a), Fla. Stat. (2017) ; see also Finch, 65
CopyPublished | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 405, 2001 Fla. LEXIS 1188, 2001 WL 619596
PER CURIAM. The Legislature amended the child support guidelines, section 61.30(ll)(b), Florida Statutes (2000), which became effective June 5, 2001....
...Where can I look for more information? Before proceeding, you should read “General Information for Self Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions *529 are defined there. For further information, see section 61.30, Florida Statutes Special notes ......
...ernights in the year), skip to No. 10 and complete Nos. 10 through 17 below. FATHER MOTHER 6. TOTAL MONTHLY CHILD CARE COSTS Child care costs should not exceed the level required to provide quality care from a licensed source for the child(ren). See section 61.30(7), Fla....
...*535 FATHER MOTHER 13. TOTAL MONTHLY CHILD CARE COSTS Calculate the net amount owed for the expenses incurred for day care. Child care costs should not exceed the level required to provide quality care from a licensed source for the child(ren). See section 61.30(7), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 2821720, 2017 Fla. App. LEXIS 9507
...to do so.
Child Support / Transportation Expenses
Second, the trial court erred, in a split custody situation, when it failed to award
Former Husband child support. "Although the child support guidelines set forth in section
61.30, Florida Statutes, do not address a split custody situation, where, as here, both
parties earn income, it is an abuse of discretion not to award both parties child support."
McKenna v....
...In a case where both
parties owe a support obligation, the trial court may set-off the respective obligations of
the parties and order a net child support award. See Kelley v. Kelley,
987 So. 2d 1246,
1248 (Fla. 5th DCA 2008). As in McKenna, although the judgment in this case does not
include the findings required by section
61.30, the record does indicate that both parties
earn income.
As such, on remand, if there is a compelling reason to separate the siblings, and
a modification of support is appropriate, the trial court must calculate an award of child
support to both parties. In such a case, the trial court should make the findings required
3
by section
61.30, including calculating the amount of support owed to each child and the
net income of the parties.
Finally, the trial court erred by ordering Former Husband to pay all timesharing
transportation expenses....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 9206, 2004 WL 1462103
...*1279 Similarly, the trial court awarded Former Wife child support in the amount of $450 per month per child. However, the trial court failed to make the necessary findings of fact for this court to determine whether the award was in compliance with section 61.30, Florida Statutes (2002)....
CopyPublished | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 6491, 1994 WL 284561
...guidelines or explain on the record or in writing why the amount awarded is unjust or inappropriate. State, Dep’t of Health & Rehab. Servs. v. Bush,
614 So.2d 32 (Fla. 1st DCA 1993). It is so ordered. BOOTH, LAWRENCE and DAVIS, JJ., concur. . Section
61.30(1), Florida Statutes 1993, establishes a presumptive child support amount....
CopyPublished | Florida 1st District Court of Appeal
...t. This petition also sought a retroactive adjustment of his child support obligation corresponding to the oldest child living with him, along the lines of his defense to the earlier motion. The trial court denied the petition, however, finding that § 61.30(11)(c), Florida Statutes (2016), only permitted Mr....
CopyPublished | Florida 2nd District Court of Appeal | 2017 Fla. App. LEXIS 9357, 2017 WL 2790914
...defined as "gross
receipts minus ordinary and necessary expenses required to produce income." Smith v.
Smith,
575 So. 2d 228, 228 (Fla. 2d DCA 1991) (quoting In re Amendments to Rules of
Civil Procedure,
536 So. 2d 974, 987 (Fla. 1988)); see also §
61.30(2)(a), Fla....
CopyPublished | Florida 6th District Court of Appeal
...After unsuccessfully moving
for rehearing, Former Husband now asserts on appeal that the final judgment
awarded approximately $50,000 in excess retroactive child support, because the
calculation included times the parties and child all resided together.
Section 61.30(17), Florida Statutes (2024), provides:
In an initial determination of child support, whether in a
paternity action, dissolution of marriage action, or petition
for support during the marriage, th...
...court has discretion to award child support retroactive to the date when the parents
did not reside together in the same household with the child[.]” Id.; see also Khenh
Ye Vong v. Chassang,
981 So. 2d 1262, 1263 (Fla. 2d DCA 2008) (holding that under
Section
61.30(17) “former husband was not entitled to retroactive child support for
the time the parties continued to reside together”); Ditton v....
...only go back to the
point when the parties and child discontinued residing together, and further limited
3
to a timeframe no greater than twenty-four months preceding the date of filing of the
petition. § 61.30(17), Fla....
CopyPublished | Florida 5th District Court of Appeal
...Unpled issues
tried when a party does not appear are not tried by consent, but in
absentia.”).
Child Support
Child support calculations rely on the parties’ net incomes, not
2
their gross incomes. See § 61.30(9), Fla. Stat. Accordingly, when
awarding child support, “the trial court is required to determine
the net income of each parent pursuant to section 61.30, and to
include findings in the final judgment.” Hindle v....
...proval clear.
Other Expenses
A child’s uninsured healthcare expenses “shall be added to the
basic [child support] obligation unless these expenses have been
ordered to be separately paid on a percentage basis.” § 61.30(8),
Fla....
CopyPublished | Supreme Court of Florida
..._______ Court-ordered child support actually paid for children from another rela�onship
25. _______ Court-ordered alimony actually paid (Add 25a and 25b)
25a. From this case: _________
25b. From other case(s): _________
26. $______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25).
27....
...Before proceeding, you should read “General Informa�on for Self-Represented Li�gants” found at the
beginning of these forms. The words that are in “bold and underlined” in these instruc�ons are defined
there. For further informa�on, see sec�on 61.30, Florida Statutes.
Special notes ....
...From �me to �me, some
of the amounts in the child support guidelines chart will change. Be sure you have the most recent version
of the chart before using it.
If the par�es’ combined monthly net income is not listed on the below chart, then calculate child support
as provided by law in sec�on 61.30(6), Florida Statutes.
Because the guidelines are based on monthly amounts, it may be necessary to convert some income and
expense figures from other frequencies to monthly....
...Enter answer on line 4B.
Addi�onal Support — Health Insurance, Child Care & Other
5. a. 100% of Monthly Child Care Costs
[Child care costs should not exceed the
level required to provide quality care
from a licensed source. See section
61.30(7), Florida Statutes, for more
information.]
b....
...Other payments/credits actually made
for any noncovered medical, dental and
prescrip�on medica�on expenses of the
child(ren) not ordered to be separately
paid on a percentage basis. (See sec�on
61.30 (8), Florida Statutes.)
8....
...Enter this number in 13B.]
Addi�onal Support — Health Insurance, Child Care & Other
14. a. Total Monthly Child Care Costs
[Child care costs should not
exceed the level required to
provide quality care from a
licensed source. See sec�on
61.30(7), Florida Statutes, for
more informa�on.]
b....
...Other payments/credits actually made
for any noncovered medical, dental and
prescrip�on medica�on expenses of
the child(ren) not ordered to be
separately paid on a percentage basis.
[See sec�on 61.30(8), Florida Statutes.]
17....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
..._ b. receive a change of name as follows: present name(s) be changed to [[Image here]] SECTION III. CHILD SUPPORT [/ all that apply] _ 1. Petitioner requests that the Court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes....
...receive a change of name as follows: present name(s) be changed to [[Image here]] *953 SECTION III. CHILD SUPPORT [/ all that apply] _ 1. Respondent requests that the court award child support as determined by Florida’s child support guidelines, section 61.30, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 9675, 2016 WL 3452536
...t is not fundamentally erroneous must be affirmed.”). We do find error, though, in the trial court’s application of the child-support guidelines. 5 The trial court refused to deduct Mother’s mandatory retirement benefits from her gross income. Section 61.30(3), Florida Statutes (2012), lists the expenses that parents may deduct from their gross income to determine their net income, including “mandatory retirement payments.” § 61.30(3)(d), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1999 WL 452151
...e school or to participate in expensive extracurricular activitiesand would accordingly be entitled to a greater award of child support to provide for these items, even though provisions for such items would not be ordered in a different case. [2] Section 61.30(1)(a)provides: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modific...
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 10271, 2006 WL 1697537
...Moneyham, appellee. We agree with the Department that the findings in the order *1049 of the Administrative Law Judge (ALJ) determining both current and retroactive child support are not supported by evidence in the record and violate provisions of section
61.30, Florida Statutes (2005). Accordingly, we reverse and remand for further proceedings. On remand, the ALJ shall prepare a child support guidelines worksheet after determining appellee’s gross income in accordance with section
61.30(2)(a), Florida Statutes (2004), and the allowable deductions pursuant to section
61.30(3), in order to arrive at appellee’s net income for purposes of the guidelines schedule. See §
61.30(6). While the ALJ is allowed to adjust child support based upon the considerations set forth in section
61.30(ll)(a), if such adjustments are made, the ALJ shall set forth findings explaining the use of these considerations. See §
61.30(l)(a) (“The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.”). Further, while the ALJ may adjust the child support arrearage pursuant to section
61.30(17)(b), the ALJ can do so only after finding that the “actual payments made by the noncustodial parent” were “for the benefit of the child.” See, e.g., Ondrejack v. Ondrejack,
839 So.2d 867, 871-72 (Fla. 4th DCA 2003)(holding fact-finder required to make specific findings of fact in applying section
61.30, which provides the statutory formula used to determine child support obligation)....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 3100777, 2013 Fla. App. LEXIS 9800
...bligation ....” §
61.13(1)(b), Fla. Stat. (2010). An option is therefore available that allows the trial court to simply add this medical expense to the child support obligation or order the obligation to be paid separately on a percentage basis. §
61.30(8), Fla....
...lusion of Father’s health insurance in the calculation. We believe that failure constitutes an error in need of correction based on notions of fairness and the statutory provisions that require the trial court “to determine net income based upon section
61.30, Florida Statutes, by determining ‘gross income’ as defined in subsection (2)(a) 1-14 and then subtracting from this figure ‘allowable deductions’ as defined in subsection (3)(a)-(g).” Pedroza v. Pedroza,
779 So.2d 616, 618-19 (Fla. 5th DCA 2001) (footnote omitted). 2 In calculating gross income, “[a]l-lowable deductions shall include ... [h]ealth insurance payments ....” §
61.30(3)(e), Fla....
...tober 27, 2011. The paternity action only involved one child. . See also Hindle v. Fuith,
33 So.3d 782, 786 (Fla. 5th DCA 2010) ("In making an award of child support, the trial court is required to determine the net income of each parent pursuant to section
61.30, and to include findings in the final judgment. See Deoca v. Deoca,
837 So.2d 1137, 1138 (Fla. 5th DCA 2003); see also §
61.30(2) (includable income), (3) (allowable deductions), (4)-(6) (determination of net income), Fla....
CopyPublished | Florida 5th District Court of Appeal
...3d DCA 2021)).
A court must “make specific written findings of fact when
creating or modifying a time-sharing schedule.” §
61.13(2)(c)1.,
Fla. Stat. (2024). Likewise, written findings are required when the
court orders child support that deviates more than a specified
amount from the child support guidelines. Id. §
61.30(1)(a).
However, the plain text of these statutes does not include a written
findings requirement when a court merely denies a petition to
modify child support or timesharing....
CopyPublished | Florida 5th District Court of Appeal
...ndamentally
erroneous must be affirmed.”).
We do find error, though, in the trial court’s application of the child-support
guidelines. 5 The trial court refused to deduct Mother’s mandatory retirement benefits from
her gross income. Section 61.30(3), Florida Statutes (2012), lists the expenses that
parents may deduct from their gross income to determine their net income, including
“mandatory retirement payments.” § 61.30(3)(d), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 2389982, 2017 Fla. App. LEXIS 7974
...Appellant
once again challenges this conclusion. We agree with Appellant that the trial court erred
in imputing income to her. We also conclude that the trial court erred in calculating
Appellant’s monthly need and in setting her equity share in the former marital home.
Pursuant to section 61.30(2)(b), Florida Statutes, once a trial court finds a party is
underemployed, it must consider the party’s “employment potential and probable earnings
level” based on “recent work history, occupational qualifications, and prevai...
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 9550, 2007 WL 1730129
...Further, we are unable to determine from the final judgment of dissolution how the trial court reached the figure of $1,803 per month as the amount of child support owed by the former husband. Accordingly, we cannot determine whether the trial court properly applied the child support guidelines in section 61.30, Florida Statutes (2005)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 6703, 1997 WL 330595
PER CURIAM. Although we affirm the trial court’s order on the merits, we remand, nevertheless, because section 61.30(13), Florida Statutes (1996), provides: “If the recurring income is not sufficient to meet the needs of the child, the court may order child support to be paid from nonrecurring income or assets.” The trial court did not make any fi...
CopyPublished | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 6846, 1992 WL 131862
PER CURIAM. The trial judge correctly sustained the appellee-mother’s exceptions to the general master’s “downward departure” from the child support guidelines. See § 61.30(2), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 9198, 2016 WL 3268811
...loan on his 401(k). Accordingly, this amount should not have been deducted. See
Fuesy v. Fuesy,
64 So. 3d 151, 152 (Fla. 2d DCA 2011) ("Although for purposes of
calculating child support, mandatory retirement payments are included as allowable
deductions under section
61.30(3)(d), voluntary retirement payments are not."); Moore
v. Moore,
120 So. 3d 194, 197 (Fla. 5th DCA 2013) ("[I]t is apparent that neither the
401(k) contribution nor the health savings account qualifies as an authorized deduction
for calculation of net income under section
61.30(3), Florida Statutes (2011).")....
CopyPublished | Florida 2nd District Court of Appeal
...Kunta Kinte Holley appeals from a final administrative support order
entered by the Department of Revenue, Child Support Enforcement Program. He
argues, and the Department concedes, that the Department erred in computing his
retroactive child support obligation. See § 61.30(17), Fla....
CopyPublished | Florida 1st District Court of Appeal
...reverse and
remand the lower court’s award. We review an award of child
support to determine whether it is based on competent,
substantial evidence of the parties’ net income. Vanzant v.
Vanzant,
82 So. 3d 991, 993 (Fla. 1st DCA 2011); see also §
61.30,
Fla....
...st be reversed for
reconsideration. Vanzant,
82 So. 3d at 993. On remand, “the
trial court shall make specific findings explaining how the award
was calculated and justifying any material deviation from the
guideline support amount.” Id. (citing §
61.30(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 6165, 1996 WL 312199
...Gray,
658 So.2d 607 (Fla. 2d DCA 1995); Gregoire v. Gregoire,
615 So.2d 694 (Fla. 2d DCA 1992). We reverse the amount awarded for child support. In the initial final judgment of dissolution of marriage, the trial court utilized the child support guidelines under section
61.30, Florida Statutes (1993), and calculated Mr....
...,229 ($1,271 — 42). However, the court finds that payment of this figure to the mother will exceed her needs when her alimony is considered. The court reduces the child support payable to the mother according to the guidelines to $398, pursuant to § 61.30(ll)(c)....
...l needs when the combined monthly available income is high. We conclude that the trial court abused its discretion when it reduced the guidelines amount of $1229 to only $398. The trial court justified its deviation from the guidelines by relying on section 61.30(ll)(c)....
...This provision states: “The court may adjust the minimum child support award or either or both parent’s share of the minimum child support award based upon the following considerations: ... The payment of both child support and spousal support to the obligee_” § 61.30(ll)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 8802, 2015 WL 3609104
...From this final judgment, the mother appeals.
“In considering the imputation of income, the standard of review is
whether the trial court’s determination is supported by competent,
substantial evidence.” Schram v. Schram,
932 So. 2d 245, 249 (Fla. 4th
DCA 2005. Section
61.30(2)(b), Florida Statutes (2014), provides that a
trial court shall impute monthly income to a voluntarily unemployed
parent....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 2462119, 2013 Fla. App. LEXIS 9238
...nt would be included in the calculation; it appears the cost was inadvertently omitted from the order. On remand, the calculation of child support should include the expense for dental insurance and credit to Appellant for prepaying the premium. See § 61.30(8), Fla....
...a reduction for the reduced time spent with the mother’s child care provider. However, the statutory calculation procedure requires that the full cost of child care be taken into account only after the basic support obligation has been calculated. § 61.30(ll)(b)l....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8443, 2011 WL 2279023
...The Former Husband challenges on appeal the trial court’s determination of the Former Wife’s income for purposes of calculating child support. Because the trial court failed to consider the Former Wife’s contributions to a voluntary retirement plan, we reverse and remand for recalculation of child support. Section 61.30(2)(a), Florida Statutes (2008), describes the various income sources to be included in calculating a party’s gross income for purposes of determining child support. Section 61.30(3) lists the allowable deductions in order to calculate net income. Although for purposes of calculating child support, mandatory retirement payments are included as allowable deductions under section 61.30(3)(d), voluntary retirement payments are not....
...ntary retirement plan, we reverse. We direct the trial court to recalculate the Former Wife’s income and child support for each year that the trial court failed to consider the Former Wife’s contributions to a voluntary retirement plan. Although section 61.30(2)(a)(7) includes pension, retirement, or annuity payments as gross income, we note that the Former Wife’s withdrawals from any voluntary retirement account shall not be included as income for the purposes of determining child support....
CopyPublished | Florida 1st District Court of Appeal
...Because the Legislature has required trial
courts to consider disability and reemployment assistance
payments as part of a party’s income for child support, the trial
2
court erred when it failed to include those payments as part of the
former wife’s income. See § 61.30(2)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 9173, 1999 WL 462133
...Florida law provides: “If a child has visitation with a noncustodial parent for more than 28 consecutive days the court may reduce the amount of support paid to the custodial parent during the time of visitation not to exceed 50 percent of the amount awarded.” § 61.30(ll)(g), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Kareff,
943 So. 2d
890, 892 (Fla. 4th DCA 2006).
For purposes of adjusting an award of child support, a noncustodial
parent exercises a “substantial amount of time” when he or she exercises
time-sharing at least 20% of the overnights of the year. §
61.30(11)(b)8.,
Fla....
...“Where a child spends a substantial amount of time with
the noncustodial parent under a timesharing arrangement, a reduction in
that parent’s child support obligation is mandated.” Dillion v. Dep’t of
Revenue, Child Support Enf’t Program,
189 So. 3d 353, 354 (Fla. 4th DCA
2016); see also §
61.30(11)(b), Fla....
...4th DCA 2009).
Here, the trial court correctly calculated the child support amount to
be $750 per month before any consideration that the parties exercise a
substantial amount of time-sharing with the child. However, the trial
court failed to take the next step and apply the gross-up method.
See § 61.30(11)(b), Fla....
...See Lopez v. Lopez,
994 So. 2d 374,
375–76 (Fla. 3d DCA 2008) (holding that the trial court did not abuse its
discretion when it ordered an averaged amount of child support when the
father’s time-sharing with the children changed every year); see also
§
61.30(11)(a)11., Fla....
CopyPublished | Florida 2nd District Court of Appeal
...cover." But no such worksheet was filed by the trial court. As for the retroactive child
support award to the Father and the Father's overpayments owed by the Mother, the
trial court's order does not set forth how these amounts were derived.
Section 61.30, Florida Statutes (2017), provides guidelines establishing
the amount of child support to be awarded based on the parties' combined net monthly
1TheMother agreed to remain in Hillsborough County if the court rejected...
...The legislature has made clear that the child support guidelines amount
"presumptively establishes the amount the trier of fact shall order as child support in an
initial proceeding for such support or in a proceeding for modification of an existing
order for such support" § 61.30(1)(a)....
...This statute affords trial courts discretion to
deviate by more than five percent from a presumptive child support amount "only upon a
written finding explaining why ordering payment of such guideline amount would be
unjust or inappropriate." Id. In conformance with section 61.30, the case law is "well-
settled that a trial court errs by failing to make findings of fact regarding the parties'
incomes when determining child support." Wilcox v....
...2d DCA 2010) (reversing child support order due to the court's failure to
include any findings regarding the parties' incomes because such failure precluded a
-4-
determination as to whether the award was within the guidelines established in section
61.30).
Absent sufficient findings by the trial court, it is difficult to discern how the
trial court could order the unemployed Mother, who relies on her husband to support
both her and the child, to pay $97 per month to a Father who earns between $8000 and
$11000 in monthly income....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2871030, 2017 Fla. App. LEXIS 9651
...In its proposed administrative support order, the
Department of Revenue (the Department) proposed current child support and also
$3,342.60 in retroactive child support to make up the difference between what
Mr. Kirtley had paid and what he should have been paying under the guidelines
provided in section 61.30, Florida Statutes (2016)....
...the following facts: The total monthly
support the child needed was $845.84; Mr. Kirtley earns $2,385.46 per month,
which constituted 68% of the family’s income; and he has the ability to pay child
support. Based on those facts and pursuant to section 61.30, Florida Statutes, the
lower court imposed $467 per month in child support on Mr....
...Kirtley].”
The standard of review on a lower court’s denial of an award of retroactive
child support is abuse of discretion. Smith v. Smith,
872 So. 2d 397, 399 (Fla. 1st
DCA 2004). The issue before us is whether the lower court abused its discretion
by failing to award retroactive child support. Section
61.30(17), Florida Statutes,
provides guidelines for awarding child support retroactively, and does not require
the parent receiving child support to attend the hearing.
2
“A trial court abuses its discretion when it fails to award retroactive support
....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 6595, 1994 WL 316693
...Further, the final judgment should recite the trial court’s findings to explain the absence of credit to the wife for any capital improvements to the home. Finally, upon the main appeal, the final judgment should include a finding of the husband’s income in order to comply with section 61.30, Florida Statutes (1989), to justify the trial court’s deviation from the child support guidelines....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7982, 21 Fla. L. Weekly Fed. D 1712
...Nilo Sierra appeals a child support order, alleging that the trial court made improper financial calculations which resulted in excessive monthly payments to appellee Penny Ellison being required of him. Because we find that the court’s calculations violated section 61.30, Florida Statutes (1993), we reverse and remand for a new hearing on child support....
...in the monthly amount of $1,600. In determining the child support here, however, the trial court deducted from Sierra’s gross income only the amount of $1,300 as “appropriate for child support for Nilo Sierra’s prior support obligation.” As section 61.30(3)(f), Florida Statutes (1993), requires that the actual amount of court-ordered support paid for other children be deducted, the calculation by the trial court is in error and a recalculation must be made. 1 *408 Sierra contends that he is entitled to a reduction of his gross income by the amount of alimony which he is paying his former wife under court order. We agree. Under paragraph 61.30(3)(a), Florida Statutes, “[a]llowable deductions from gross income shall include ......
...The wording of the order now under review appears to indicate that the trial court did not grant Sierra any deduction for alimony actually paid. He is entitled to such credit if it has not already been given. 2. The trial court was correct when it included Sierra’s overtime pay in his gross income. § 61.30(2)(a)(2), Fla....
...ime pay or off-duty pay, and since we are remanding for a new hearing on all issues, the trial court is directed to resolve that dispute. If Ellison is receiving overtime pay or off-duty pay then it should be included in her gross income pursuant to section 61.30(2)(a)(2), Florida Statutes (1993). 3. Sierra contends that the trial court should have included in Ellison’s gross income a value for the “take-home” vehicle provided by the employer. Although such a benefit is not listed specifically in section 61.30(2)(a), Florida Statutes (1993) as being included in gross income, we do note that this section provides that “gross income shall include, but is not limited to” the items listed....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8165, 1992 WL 178948
...on his earnings. We reverse. Skates took on the obligation of his Florida family after the birth of his first child. His voluntary assumption of the additional obligations cannot be the basis for denial of support for his earlier-born child. Indeed, section 61.30(10)(e), Florida Statutes (1989), recognizes the greater needs of older children....
...If the earlier-born child were now living with his father and the father’s new family, he would be sharing support with his father’s younger children. The earlier-born child should not be denied support simply because he is not sharing the same abode. The child support guidelines of section 61.30, Florida Statutes (1989), presumptive *82 ly establish the amount of child support to be ordered. Subsection 61.30(10)(i) allows an adjustment by the trial court to achieve an equitable result in establishing the amount of child support....
...But such an adjustment should not serve to eliminate the support for a firstborn child because a parent is legally obligated to provide support for additional children. Accordingly, we reverse the denial of child support and remand for determination of an appropriate amount of support pursuant to section 61.30, Florida Statutes, after consideration of all children for whom Skates has the legal obligation of support....
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 2906988
...equately covered by the $2,625.00 that each receives per month from the tribe. The mother challenges this ruling, contending that, although the trial court may deviate from the presumptive child support obligation based upon the factors set forth in section 61.30 of the Florida Statutes, the statutes do not authorize the trial court to entirely relieve financially capable parents of the obligation to support their children. We disagree. Section 61.30 of the Florida Statutes provides the outline for courts to use in *577 determining each parent's financial obligation to contribute to their children's support....
CopyPublished | Florida 2nd District Court of Appeal
...Carmack that the portion of the final judgment awarding
child support must be reversed because the judgment fails to include required findings
concerning the incomes of the parties.
A trial court is required to determine the net income of each parent when
determining a child support award under section
61.30, Florida Statutes (2011), and the
court must include adequate findings of such in the final judgment. Addie v. Coale,
120
So. 3d 44, 46 (Fla. 4th DCA 2013) (citing Hindle v. Fuith,
33 So. 3d 782, 786 (Fla. 5th
DCA 2010)). Section
61.30 establishes a guidelines schedule that a trial court is
required to apply in determining an award of child support, and a trial court's findings
regarding the parties' incomes are necessary for an appellate court to determine if the...
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1964, 2013 WL 3334307
...[[Image here]] *995 [[Image here]] *996 [[Image here]] *997 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (07/13) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your ease. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 9569, 1998 WL 422272
...just that the mother is able to see the child” was appropriate. The trial judge had agreed. Finally, as a result of this correction, because the child will have visitation with the noncustodial parent for more than 28 consecutive days, in accordance with section 61.30(ll)(g) Florida Statutes (1997), the trial judge is free to consider reducing the amount of support paid to Mrs....
CopyPublished | Florida 4th District Court of Appeal | 1999 WL 543243
...he would pay an additional $162.00 per month. Adding these payments to the husband's child support obligation would constitute an upward departure of greater than five percent which would require written findings which was not done in this case. See § 61.30(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...12.530(a).
We nonetheless note that while the trial court made findings only as to
the parties' gross incomes in the amended judgment, it is apparent from
the child support guidelines worksheets in the record that child support
was calculated based on the parties' net incomes as required by section
61.30, Florida Statutes (2023).
6
Finally, the father correctly contends that the trial court erred by
referring to his retroactive child support obligation as an arrearage....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7832, 1996 WL 412805
...e, in which the trial court granted primary residential custody of the parties’ three children to Former Wife and ordered Former Husband to pay child support. Former Wife argues that in calculating Former Husband’s child support obligation under section 61.30, Florida Statutes (Florida’s child support guidelines), the trial court erred by excluding from her gross income certain social security benefits received on behalf of the parties’ eldest child, due to that child’s psychiatric condition. The exclusion of these benefits, Former Wife argues, resulted in a lower combined net income for the parties, and an accordingly lower child support obligation under the guidelines. See § 61.30(5) & (6), Fla....
...minimum child support need.”). Thus, Former Wife argues, Former Husband’s child support obligation would have ultimately been higher if the trial court had not excluded the social security benefits from its calculation of her gross income. While section 61.30(2)(a)(8), Florida Statutes, provides that “[g]ross income shall include ......
...issue). 1 As noted by the trial court in the present case, the eldest child’s social security benefits are more akin to aid to families with dependent children benefits (“AFDC benefits”), which are specifically excluded from gross income under section 61.30(2)(e), Florida Statutes, and which, by definition (like the social security benefits at issue here), are for the benefit of the subject dependent child, not for the benefit of the parents per se....
...luded them from its calculation of Former Wife’s gross income. See discussion, supra (analogizing the eldest daughter’s social security benefits to AFDC benefits); Chapoteau v. Chapoteau,
659 So.2d 1381, 1384 (Fla. 3d DCA 1995) (“The spirit of section
61.30(2)(c) [excluding AFDC benefits from gross income] would be violated by a reduction in a parent’s child support obligation based on social benefits that correspond to this type of assistance.”)....
...upport guidelines. 2 On remand, we direct the trial court include the eldest child in redetermining Former Husband’s child support obligation under the guidelines, and leave to the trial court’s discretion whether to adjust that obligation under section 61.30(11), Florida Statutes (“The court may adjust the minimum child support award ......
...bilities. The court in Williams,
560 So.2d at 310 , held: [T]he trial court erred in not including the [husband’s] social security benefits received by the children when calculating the husband’s contribution to the combined family gross income. Section
61.30(2)(a)8 specifically directs that, “Gross income shall include ......
CopyPublished | Florida 4th District Court of Appeal
...3d 766,
767 (Fla. 4th DCA 2021) (internal citations, quotation marks, and brackets
omitted). “The issue of imputation of income is reviewed for an abuse of
discretion.” Mirabella v. Mirabella,
301 So. 3d 1065, 1070 (Fla. 2d DCA
2019).
Pursuant to section
61.30(2)(a), Florida Statutes (2022), for purposes
of calculating child support, parents’ gross income includes, but is not
limited to, the following:
1....
...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.
§ 61.30(2)(a)1.-14., Fla. Stat. (2022) (emphases added).
Pursuant to section 61.30(2)(b), Florida Statutes (2022):
Monthly income shall be imputed to an unemployed or
underemployed parent if such unemployment or
underemployment is found by the court to be voluntary on
that...
...In the event of such
voluntary unemployment or underemployment, the
employment potential and probable earnings level of the
parent shall be determined based upon his or her recent work
history, occupational qualifications, and prevailing earnings
level in the community ….
§ 61.30(2)(b), Fla....
...former husband’s] unemployment is voluntary or not” lacks merit.
However, the former wife’s argument that the circuit court erred by
imputing wage income and/or unrealized investment income to her has
merit. Regarding imputation of wage income, section 61.30(2)(b), Florida
Statutes (2022), provides: “Monthly income shall be imputed to an
unemployed or underemployed parent if such unemployment or
underemployment is found by the court to be voluntary on that parent’s part
….” § 61.30(2)(b), Fla....
...had erred in failing to attribute interest income to the wife,” id. at 1199
(emphasis added), here the record reflects the former wife’s interest and
dividend income was nominal.
Further, at trial, the former wife testified her stock sales were “one-off
events.” See § 61.30(2)(a)14., Fla....
...She received ownership of the accounts pursuant to the
parties’ postnuptial agreements and they were already
generating monthly income by the time the final order was
entered. Inclusion of these earnings in the wife’s income was
mandated by section 61.30(2)(a)(10) of the Florida Statutes.
Id....
...nal monthly
taxable income. As the Second District explained in Carmack v. Carmack,
277 So. 3d 185 (Fla. 2d DCA 2019):
A trial court is required to determine the net income of each
parent when determining a child support award under section
61.30, Florida Statutes … and the court must include
adequate findings of such in the final judgment. Addie v.
Coale,
120 So. 3d 44, 46 (Fla. 4th DCA 2013) (citing Hindle v.
Fuith,
33 So. 3d 782, 786 (Fla. 5th DCA 2010)). Section
61.30
establishes a guidelines schedule that a trial court is required
to apply in determining an award of child support, and a trial
court’s findings regarding the parties’ incomes are necessary
for an appellate c...
...judgment’s $5,349.33 amount and the amount which the circuit court
would have calculated if using the former husband’s accounting expert’s
calculations, $4,892.52. While gross income for purposes of the child
support statute includes “[i]nterest and dividends,” see § 61.30(2)(a)10.,
Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 7964, 1992 WL 171580
...Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. HALL, A.C.J., and ALTENBERND, J., and MCDONALD, RANDALL, G., Associate Judge, concur. . This amount is not governed by the guidelines because of the husband’s high annual salary. § 61.30, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 3605549, 2014 Fla. App. LEXIS 11177
...We review imputation of income for child support purposes
based on whether it is supported by competent, substantial evidence.
Brown v. Cannady-Brown,
954 So. 2d 1206, 1207 (Fla. 4th DCA 2007).
We find the trial court’s imputation of income was supported by
competent, substantial evidence.
Section
61.30(2)(a)(13), Florida Statutes (2012), specifically lists
“[r]eimbursed expenses or in kind payments to the extent that they reduce
living expenses” as gross income to be considered in determining child
support....
...uld continue to
receive that income in the future.
2
443 (Fla. 4th DCA 2005)). The court’s determination must be supported
by competent, substantial evidence, not “outdated income figures.” Id.
(citing § 61.30(2)(b), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1999 WL 518543
...Bokinsky (the Father) appeals the final order denying his petition to modify his child support obligation. We affirm. The Father contends that the trial court erred by determining that he was voluntarily unemployed and by imputing income without following the dictates of section 61.30(2)(b), Florida Statutes (1997)....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 9122, 1998 WL 406018
...incorrect figure which was awarded in 1994 (the subject of the previous remand). The former wife argues that the trial court erred by not reducing the previous day care expense award by 25%, as the court in 1994 would have been required to do under § 61.30(7), Florida Statutes (1997)....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 11060, 2016 WL 3913366
...We do not
address this portion of the order because the former wife does not clearly challenge it
on appeal and it is not clear from our limited record whether this ruling was proper.
-2-
provided in [section] 61.30(11)(c), the court may modify an order of support ....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 9988, 2015 WL 4002501
...Although the husband asserts that the wife did not present any evidence “regarding the medical bills, including the dates of medical service, nature, necessity, or reasonableness of those bills,” the bills were admitted into evidence during trial and the husband voiced no objections when the wife testified as to amounts. Section 61.30(8) of the Florida Statutes (2013), requires parties to pay uncovered medical expenses of a child in accordance with their percentage share of child support....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 2948549, 2012 Fla. App. LEXIS 11681
...“[I]n determining the parties’ income levels ... the court may consider ‘[Reimbursed expenses or in kind payments to the extent that they reduce living expenses.’” Garcia v. Garcia,
560 So.2d 403, 404 (Fla. 3d DCA 1990) (emphasis added) (quoting §
61.30(2)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11169, 2011 WL 2753801
...However, we reverse issues II and III raised on cross-appeal and remand with instructions. In issue II on cross-appeal, Ms. Newberry, the former wife, argues that the monthly child care expenses should have been included in the trial court's child support award to the former wife pursuant to section 61.30, Florida Statutes. The former husband properly concedes that the trial court's child support award erroneously failed to include child care costs. Under section 61.30(7), Florida Statutes, "[c]hild care costs incurred due to employment......
...of either parent shall be added to the basic obligation." Thus, the trial court should have included child care expenses in the former husband's basic child support obligation. See Mannix v. Mannix,
763 So.2d 1135, 1136 (Fla. 4th DCA 1999) (holding section
61.30(7) requires day care costs to be added to the child support obligation where day care is necessary due to employment)....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7587, 1996 WL 396316
...990,1991,1992 and 1993. The court failed to make a specific finding as to what net monthly income it used in calculating its child support award. In order to determine if the child support award comports with the child support guidelines pursuant to section 61.30, Florida Statutes, we are remanding this case for additional findings setting forth what monthly income the court used in calculating child support. On remand, the court may reorder the same amount of child support as previously ordered or order a new amount which com *528 ports with Florida Statute 61.30. Any departure of more than 5% from the guidelines must contain written reasons in accordance with section 61.30(l)(a)....
CopyPublished | Florida 4th District Court of Appeal
...We deny appellee’s motion for rehearing and request for en banc review,
vacate our prior opinion, and substitute the following in its place.
Appellant (“the mother”) appeals the trial court’s order dismissing her
child support petition. We reverse. Section 61.30(17), Florida Statutes
(2021), permits the trial court, in an initial child support determination,
to award support from the award date, retroactive up to twenty-four
months before the petition was filed....
...for any child support. The court also found the mother lacked standing to
pursue child support retroactive to 2019, when the child moved in with
the mother, because the court measured the twenty-four-month period for
retroactive child support permitted by section 61.30(17), Florida Statutes
(2021), from the date of the father’s original paternity petition and not from
the mother’s petition....
...or the time prior to filing the
petition, from May 2019 to January 2021, as well as the time after filing
the petition until the child turned eighteen, because a child support order
had not been entered before the child’s emancipation and based on
section 61.30(17), Florida Statutes (2021)....
...or, even if
the child has since attained majority. Thus, here, we conclude Lawrence
does not preclude the mother’s standing to move for retroactive child
support for a period prior to the child’s emancipation.
The trial court also found that section 61.30(17) did not provide the
mother with standing because the child was emancipated....
...parents did not reside together in the same household with
the child, not to exceed a period of 24 months preceding
3
the filing of the petition, regardless of whether that date
precedes the filing of the petition.
§ 61.30(17), Fla....
...This subsection “indicates
an all encompassing public welfare intent that children be supported.”
Bellville v. Bellville,
763 So. 2d 1076, 1078 (Fla. 4th DCA 1999).
Campagna v. Cope,
971 So. 2d 243 (Fla. 2d DCA 2008), provides
guidance on section
61.30(17)’s interpretation....
...The lower court
denied child support, deciding a parent could not seek child support for a
child, including retroactive child support, once a child had turned
eighteen. Id. at 247.
Campagna concluded that the mother had standing, despite the
children having turned eighteen:
We conclude that in light of section 61.30(17), if a child has
turned eighteen but a parent resided with and supported the
child before the child turned eighteen, the parent maintains his
or her standing to recover the other parent’s share of any
suppor...
...4th
DCA 2017), is in line with Campagna. In Garcia-Lawson, we affirmed the
trial court’s finding that the former wife lacked standing to bring a claim
for retroactive child support for the first time over three years after the
child’s eighteenth birthday. Id. at 138. Pursuant to section 61.30(17), the
trial court had discretion in “an initial determination of child support” to
award retroactive support where the parents did not reside together for a
period “not to exceed ....
...The petition in Garcia-Lawson was filed three years after the child had
turned eighteen, thus the child was not a minor for any portion of the
twenty-four months preceding the petition. Id.; see also Dep’t of Revenue
v. E.P.,
373 So. 3d 395, 398 (Fla. 2d DCA 2023) (reaffirming Campagna
and, based on section
61.30(17), determining that the DOAH had the
authority to award retroactive child support for the twenty-four months
prior to the child support petition’s filing where the child had already
turned eighteen but had resided with and had been supported by the
parent before turning eighteen).
Applying Campagna and Garcia-Lawson, we conclude that section
61.30(17) provides standing for the mother to seek child support for up to
twenty-four months prior to the filing of the petition as the minor child
had not turned eighteen....
...support from the date of the filing of a petition for dissolution of marriage
where there is a need for child support and an ability to pay.”).
The trial court in the current proceeding acknowledged in its findings
that no child support determination was ever made but rejected section
61.30(17)’s application to the mother’s petition. The court concluded that
the section 61.30(17)’s reference to “the petition,” from which the twenty-
four-month retroactive period should be calculated, meant the father’s
original paternity petition....
...2 The
final judgment did reserve jurisdiction to resolve any other matters raised
in the petition, but the reservation did not determine child support by
addressing the relevant factors regarding the child’s needs and ability of
each parent to pay. See §
61.30, Fla. Stat. (2010); Mason v. Reiter,
564
So. 2d 142 (Fla. 3d DCA 1990) (determining paternity, reserving
jurisdiction and, at later date, determining child support owed).
Section
61.30(17) allows for retroactive child support in an “initial
determination of child support.” See §
61.30(17), Fla....
...where the parties did not
reside together. Because no prior child support determination had been
made, and because the father’s petition did not seek child support, the
mother’s petition was the “initial determination” request. We understand
section 61.30(17)’s reference to “the petition” as the petition actually
seeking child support from which the initial determination would be made.
Thus, the mother’s petition should be considered the petition from which
the twenty-four-month period is measured....
...While the mother could not seek child support for her daughter for the
time period after her daughter turned eighteen, we hold that the mother
had standing to seek child support for the period between the filing of the
petition and the daughter turning eighteen. Further, pursuant to section
61.30(17), the mother had standing to seek retroactive child support for a
period not to exceed twenty-four months before her petition was filed,
although she must prove her entitlement....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 2874250, 2012 Fla. App. LEXIS 11424
...In setting the Appellee’s monthly child support obligation, the administrative law judge (“ALJ”) departed downward from the guidelines after the Appellee testified *279 that pursuant to an informal arrangement between him and the children’s mother, the children visit him overnight each Saturday and Sunday. Section
61.30(ll)(a), Florida Statutes (2011), permits a trier of fact to deviate from the child support guidelines based on enumerated factors. The ALJ relied on section
61.30(ll)(a)ll., known as the “catch-all” provision, which allows “[a]ny other adjustment that is needed to achieve an equitable' result[.]” In Department of Revenue v. Daly,
74 So.3d 165, 167-68 (Fla. 1st DCA 2011), we held that a non-court-approved visitation arrangement does not support deviation from the guidelines under section
61.30(ll)(a)ll. The addition of the term “other” indicates the adjustment must be based on some other grounds not already expressed in [section
61.30(ll)(a)ll., Florida Statutes]. Section
61.30(ll)(a)(10) expressly requires that an equitable deviation based on time-sharing be awarded only where (1) there exists a “parenting plan,” and (2) the parent has time-sharing with the child for less than 20% of the time.......
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 2989008, 2017 Fla. App. LEXIS 10103
...and the equal allocation of the children’s un-reimbursed medical expenses. Michael Van Der Meulen, the Former Husband, properly concedes that the trial court erred in failing to allocate the unreimbursed medical expenses on a percentage basis. See § 61.30(8), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...and the
equal allocation of the children's unreimbursed medical expenses. Michael Van Der
Meulen, the Former Husband, properly concedes that the trial court erred in failing to
allocate the unreimbursed medical expenses on a percentage basis. See § 61.30(8),
Fla....
CopyPublished | Florida 1st District Court of Appeal | 2006 WL 1910167
..."The standard of review for a trial court's imputation of income is whether competent, substantial evidence supports it." Wendel v. Wendel,
805 So.2d 913, 914 (Fla. 2d DCA 2001); Gerthe v. Gerthe,
857 So.2d 306, 308 (Fla. 2d DCA 2003). According to the plain language of section
61.30(2)(b), the only finding required for imputation of income would be a finding that the parent is voluntarily unemployed or underemployed. §
61.30(2)(b), Fla....
...former wife's average annual salary. Yet, there is nothing in the written order explaining how the court reached these conclusions. Given the need for the trial court to reconsider the factors and make findings pertinent to the analysis outlined in section 61.30(2)(b), we reverse the final judgment on this issue as well. Upon remand, the trial court should also consider any in-kind payments made to either party to the extent that they reduce their living expenses. See § 61.30(2)(a)(13), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 9709, 2001 WL 788501
...ction
61.20(2)(b), Florida Statutes (1997); Smith v. Smith,
737 So.2d 641 (Fla. 1st DCA 1999). The order is AFFIRMED in part, REVERSED in part, and REMANDED for findings of fact relating to the award of child support. ERVIN and MINER, JJ., concur. . §
61.30, Fla....
CopyPublished | Florida 6th District Court of Appeal
payable in a paternity action is determined by section
61.30, Florida Statutes. §§
61.30(1)(a),
742.031(1)
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 10485, 2015 WL 4154181
...income not supported by sufficient findings or evidence.
A trial court's imputation of income must be supported by competent,
substantial evidence. Gerthe v. Gerthe,
857 So. 2d 306, 308 (Fla. 2d DCA 2003). For
purposes of calculating child support, section
61.30(2)(b), Florida Statutes (2011),
provides that the trial court shall impute income to a voluntarily unemployed or
underemployed parent "absent a finding of fact by the court of physical or mental
incapacity or other circumstances over...
...is to be imputed, "the employment potential and probable earnings level of the parent
shall be determined based upon his or her recent work history, occupational
qualifications, and prevailing earnings level in the community if such information is
available." § 61.30(2)(b); see Wendel v....
...ife's bills are
paid by her new husband, and such reimbursed expenses or in-kind payments may be
considered as part of a parent's gross income to the extent that they reduce living
-3-
expenses. See § 61.30(2)(a)(13)....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 9591, 2002 WL 1466250
...aster. Accordingly, the final judgment concerning the amount of child support awarded is reversed. This matter is remanded for the trial court to make specific findings of fact relating to the amount of child support to be awarded in accordance with section 61.30(3), Florida Statutes (Supp.1998), and to award an appropriate sum....
CopyPublished | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 321, 1999 Fla. LEXIS 1174, 1999 WL 462636
...oner or _ respondent, fill out this form. INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read “General Information for Pro Se Litigants” found at the beginning of these forms. For further information, see section 61.30, Florida Statutes Special notes ......
...of time each child will spend with each parent under the shared parental arrangement; _ 6. Due-consideration- given to the primary residential parent’s homemaking services; The direct and indirect financial expenses for each child as set forth in s. 61.30(ll)(b)3, Florida Statutes; _ 7....
...Impact of IRS dependency exemption and waiver of that exemption; _ 9. Residency of subsequently born or adopted children) with the obligor, including consideration of the subsequent spouse’s income; and/or _ 10. The comparative income of each parent, considering all relevant factors, as provided in s. 61.30(2)(a), Florida Statutes; _ 11....
...of time each child will spend with each parent under the shared parental arrangement; _ 7. Due consideration'given to the-primary'--residential-parent’s homemaking services; The direct and indirect financial expenses for each child as set forth in s. 61.30(ll)(b), Florida Statutes; _ 8. Visitation with nonresidenti-al.parent-for-m&re---than--28-conseeutive days; The comparative income of each parent, considering all relevant factors, as provided in s. 61.30(2)(a), Florida Statutes; _ 9....
CopyPublished | Supreme Court of Florida
...the child/children has/have special needs as defined in section
39.01305,
Florida Statutes.
..... it is necessary.
4. The parents, within 28 days of the date of this order, shall provide to the
department the information necessary to accurately calculate child support under section
61.30,
Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...McKenna,
31 So. 3d
890, 891 (Fla. 4th DCA 2010)). We have de novo review of the framework used
to calculate child support. Waldera v. Waldera,
306 So. 3d 1037, 1039 (Fla. 3d
DCA 2020) (citing Lafferty v. Lafferty,
134 So. 3d 1142, 1144 (Fla. 2d DCA 2014)).
Section
61.30, Florida Statutes (2023), governs the calculation of child
support and the determination of each parent’s income. “Gross income shall
include . . . [s]pousal support received from a previous marriage or court ordered
in the marriage before the court.” §
61.30(2)(a)9, Fla. Stat. (2023). “Net income
is obtained by subtracting allowable deductions from gross income . . . [which]
include[s]: [s]pousal support paid pursuant to a court order from a previous
marriage or the marriage before the court.” §
61.30(3)(g), Fla. Stat. (2023).
Here, the trial court erred in calculating the parties’ incomes for child support
purposes under section
61.30....
...The trial court also failed to deduct the
$8,000+ monthly spousal support obligation from the former husband’s gross
income in calculating his net income, instead relying on his October 2020
financial affidavit.
These omissions violated the statutory requirements of sections 61.30(2)(a)9
and 61.30(3)(g) for child support determinations....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 76, 1996 WL 5144
...We affirm all issues raised, with the exception of two points raised on appeal. The husband argues the trial court erred in failing to deduct the amount he pays in state income tax from his gross income for purposes of determining his child support obligation. The wife properly concedes error. § 61.30(3)(a), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 108, 2015 WL 72433
...d was spending
equal amounts of time with both parents while the other was spending time only with the
Former Husband. In the original final judgment, the trial court set forth a basis for its
child support calculations, including its reliance on section 61.30(11)(b), Florida Statutes
(2010). The trial court also included its mathematical calculations, the final portion of
which appears to be an application of the formula included in section 61.30(11)(b)....
...The
difference in these two numbers results in the Mother owing the
Father $766 per month in child support (excluding health
insurance).
-2-
(Emphasis added.)
Section 61.30(11)(b) provides in part as follows:
Whenever a particular parenting plan, a court-ordered time-
sharing schedule, or a time-sharing arrangement exercised by
agreement of the parties prov...
...calculation.1 She merely argues that when the trial court applied its calculated
percentages of responsibility for each parent based on their respective amounts of
overnight time-sharing to both the retroactive and the current child support obligations
pursuant to section 61.30(11)(b)(3), it inadvertently failed to cross-multiply each parent's
1
Neither party challenges—nor do we further address—whether the time-
sharing percentages used by the trial court in its section 61.30(11)(b) calculations are
correct.
-3-
percentage with the other parent's obligation as required by the statute, instead
multiplying each parent's percentage with that same parent's obligation.2 We agree.
We offer no opinion on the correctness of the Former Wife's ultimate
determination of the correct support obligation amount because other factors may also
be considered in reaching the child support award under section 61.30(11)(b)(7).
Nevertheless, use of the formula set forth in section 61.30(11)(b) does identify a
mathematical error apparent in the amount of the child support obligation reached in the
final judgment. We therefore reverse solely on the basis that applying the formula set
forth in section 61.30(11)(b)(3) to the numbers provided in the final judgment yields a
number that is different than the award amount reached in the final judgment....
...reduction in the amount of retroactive alimony owed in the amended final judgment and
the entitlement to an additional setoff amount on top of the reduction in the retroactive
2
Specifically, the Former Wife argues that in applying section
61.30(11)(b)(3), the correct calculations are represented by the following two equations:
$1427 (the Former Husband's obligation) x .25 (the Former Wife's time-
sharing percentage for both children) = $356.75; and
$1216 (the Former Wife's obligation) x .75 (the Former Husband's time-
sharing percentage) = $912.
The smaller result is then to be subtracted from the larger pursuant to
section 61.30(11)(b)(4), resulting in the Former Wife's argument that she owes only
$555.25 in child support....
...Because the recalculation in the child support amount on remand will
necessarily require the trial court's recalculation of the amount owed in retroactive child
support, we note that the trial court may again opt to exercise its statutory discretion in
determining the retroactive amount. Sections 61.30(2) and (11)(a)(11) anticipate that a
trial court can consider the matter of the Former Husband living rent-free during a
certain period in determining sources of parental income or setting a child support
amount—including to achieve an equitable result. Section 61.30(17), applying
specifically to the award of retroactive alimony, defines such a determination as
discretionary and indicates that the trial court should consider the factors listed in
section 61.30(2) as part of the determination.
Affirmed in part, reversed in part, and remanded.
LaROSE and MORRIS, JJ., Concur.
-5-
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 38, 1998 WL 2406
PER CURIAM. We reverse the trial court’s order modifying child support because it failed to deduct the father’s payment of the child’s health insurance from his child support obligation. § 61.30(8), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...wife’s and former husband’s debts and the wife’s voluntary contributions to personal
savings. 6
b. Child Support
“A trial court determines the amount of child support a party owes by utilizing
the guidelines set forth in [section] 61.30, Florida Statutes.” Ziruolo, 217 So....
...3d at
1172. Because the trial court failed to apply these child support guidelines, we
reverse and remand for reconsideration of the proper amount of support owed.
The trial court must determine the net income of each parent pursuant to
section 61.30, and it must include these findings in the final judgment....
...Diodonet-Molina,
152 So. 3d 699, 701 (Fla. 3d DCA 2014) (quoting Hoffman v.
Hoffman,
98 So. 3d 196, 197 (Fla. 2d DCA 2012)). “The net income of each parent
is then combined to determine the minimum amount of child support needed.” Id. at
701 n.2 (citing §
61.30(6), Fla....
...n as to the
proper amount of support owed. 8
Lastly, we note the trial court erred by ordering that “[a]ny out of pocket or
supplemental cost shall be shared by the parties equally.” This ruling is contrary to
the clear directive under section 61.30(8), Florida Statutes, which provides that such
medical expenses “shall be added to the basic obligation unless these expenses have
been ordered to be separately paid on a percentage basis.” It is unclear from the
partial final ju...
...and whether the trial court added the uncovered medical expenses to the basic
obligation of both parties. On remand, the trial court shall clarify whether these
expenses are included in the basic child support amount or it shall conform these
expenses with section 61.30(8) and provide for such amount proportionate to the
parties’ income....
CopyPublished | Florida 2nd District Court of Appeal
...worksheet to the final order.
In determining retroactive child support, "[t]he court shall apply the
guidelines schedule in effect at the time of the hearing subject to the
obligor's demonstration of his or her actual income . . . during the
retroactive period." § 61.30(17)(a), Fla....
...during the retroactive time period but that the ALJ failed to use this
evidence to calculate his support obligation. We therefore reverse and
remand to the Department of Administrative Hearings for recalculation of
the retroactive support award in accordance with section 61.30(1)(a).
Finally, as the parties correctly point out, the ALJ failed to
incorporate a child support guidelines worksheet in the final order.
Without a guidelines worksheet, we cannot determine whether an award of
retroactive child support is supported by the evidence....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 644, 2004 WL 133982
PER CURIAM. Appellant, the former husband, who is paying child support pursuant to the 1999 version of section 61.30, Florida Statutes, seeks a downward departure based solely on the 2001 amendments to the statute, although the final judgment of dissolution became final prior to the effective date of the amendment....
...and the former husband would have the child 43% of the time. The former husband, taking into account his bonuses, agreed to pay the former wife what amounted to roughly $1100-$1200 per month in child support. In 2001, the Florida Legislature amended section 61.30, which became effective on July 1, 2001....
...s income had increased; and that there was no legitimate basis for a downward modification. The trial court, however, mistakenly stated in the order that daycare costs were lowered by $35 monthly, instead of weekly. We first note that the version of section 61.30 in effect at the time of the parties’ dissolution gave former husband the option to seek reduction of his child support based on certain enumerated factors, including the substantial amount of time spent with each parent: Whenever a p...
...e court shall adjust any award of child support, based upon: 1.The amount of time each child will spend with each parent under the shared parental arrangement. 2. The needs of each child. 3. The direct and indirect financial expenses for each child. § 61.30(ll)(b)l.-3., Fla....
...“substantial amount of time.” For purposes of adjusting any award of child support under this paragraph, “substantial amount of time” means that the noncustodial parent exercises visitation at least 40 percent of the overnights of the year. § 61.30(ll)(b)10„ Fla....
...dressed in the amendments was always available. Moreover, it appears from the record that, in including a percentage of his bonus in his child support obligation, the father voluntarily agreed to pay more than he was required under either version of section 61.30....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 630, 1998 WL 27580
...Irrespective of whether the Florida court has jurisdiction over the appellants, the mother can still prove that the father made fraudulent transfers so as to reduce his ability to pay child support. This evidence would provide the trial court with a reason to depart from the child support guidelines under Section 61.30(l)(a), Florida Statutes (1995), if the court finds that the guideline amount would be “unjust or inappropriate.” Our conclusion that there has, as yet, been no injury in Florida, and that the appellants are thus not amenable to serv...
CopyPublished | Florida 4th District Court of Appeal
...benefits,
including health and vision insurance, as income for the purpose of alimony
calculation. These benefits are not liquid assets or in-kind payments. See
Niederman,
60 So. 3d at 548. The case law that identifies insurance as income
relies on section
61.30, the child support guidelines, which has a broader
definition of “income” that includes in-kind payments....
CopyPublished | Florida 2nd District Court of Appeal | 2008 WL 200309
...We affirm the amended final judgment in all other respects. *1096 The former husband argues that in computing child support, the trial court incorrectly relied on the guideline formula utilized in cases where one parent has been designated as the primary residential parent. See § 61.30(11)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...We reverse the order and remand for further
proceedings consistent with this opinion.
the child’s own disability, and is not income of the mother. Further, such
amounts should not be considered in adjusting the total minimum child
support award. See § 61.30(11)(a)2, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 864, 2015 WL 292537
...1st DCA 1999). Where a parent is underemployed, the court is required to impute income to that parent unless the lack of employment *1232 is the result of the parent’s physical or mental incapacity or other circumstances beyond the parent’s control. § 61.30(2)(b), Fla....
...To the extent that her underemployment was due to her status as a pro se litigant in her own divorce proceeding, there is no evidence that this decision was anything other than a voluntary one on her part, and one that was not due to “physical or mental incapacity or other circumstances” beyond her control. § 61.30(2)(b). Accordingly, we reverse on this point and remand with instructions to impute to the Former Wife income consistent with the guidelines set forth in section 61.30(2)(b), Florida Statutes, and to recalculate the Former Husband’s child support and alimony obligations as necessary....
CopyPublished | Supreme Court of Florida
...39,
Florida Statutes.
11. The petitioner requests that the parents be ordered to provide to the Department of
Children and Families and the Department of Revenue financial information necessary to
accurately calculate child support under section 61.30, Florida Statutes, within 28 days of this
order.
12....
...Florida Statutes.
..... it is necessary.
4. The parents, within 28 days of the date of this order, shall provide to the
department the information necessary to accurately calculate child support under section 61.30,
Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 423, 2006 WL 141406
...t to an individual, regardless of source, including, but not limited to: wages, salary, commissions, and bonuses, ... dividends, interest, ... and any other payments, made by any person, private entity, ...” The child-support guidelines statute is section 61.30, Florida Statutes (2004), subsection (2)(a) of which provides in pertinent part: (2) Income shall be determined on a monthly basis for the obligor and for the obligee as follows: (a) Gross income shall include, but is not limited to, the following items: 1....
...“Business income” means gross receipts minus ordinary and necessary expenses required to produce income. Although these two statutes use different wording to define “income,” “both statutory provisions focus on income that is available to a spouse.” Zold,
911 So.2d at 1229 ; see §
61.30(6) (stating that presumptive amount of child support is based on parties’ “combined monthly available income”)....
...In the trial court and on appeal, the former wife contended that these Subchapter S profits necessarily constitute “business income” to be factored into the determination of the former husband’s “income” for purposes of calculating his appropriate child-support obligation under section 61.30....
CopyPublished | Florida 3rd District Court of Appeal
...lied on the omission because Brooks
had knowledge of the missing calculations and was otherwise informed the
index was incomplete.
Brooks also states in his table of contents and summary of the
argument that Henry’s email was a breach of section 61.30(2)(a)(d) and the
Fourteenth Amendment. Section 61.30 governs child support guidelines and
therefore has no applicability in this case alleging fraud....
CopyPublished | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 36, 2012 Fla. LEXIS 74, 2012 WL 143610
...Where can I look for more information? Before proceeding, you should read “General Information for Self-Repre *320 sented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see section 61.30, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...(2021). “Durational alimony may be awarded . . . to
3
two monthly payments should be taken into consideration in calculating
the former wife’s gross income for purposes of determining child support
under section 61.30, Florida Statutes. See § 61.30(2)(a)9., Fla....
...potential
and probable earnings level of the parent shall be determined
based upon his or her recent work history, occupational
qualifications, and prevailing earnings level in the community if
such information is available.
§ 61.30(2)(b), Fla....
...consideration in determining her earning capacity.
The third matter requiring reconsideration relates to the in-kind
contributions, payments, and reimbursements which the former wife was
receiving, all of which demonstrated that her living expenses were being
reduced. Pursuant to section 61.30(2)(a)13., Florida Statutes (2021), when
calculating a parent’s gross income for purposes of determining child
support, the trial court should consider any “[r]eimbursed expenses or in[-
]kind payments to the extent that they reduce living expenses.” §
61.30(2)(a)13., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 185199, 2014 Fla. App. LEXIS 407
...And by definition, any parenting plan must be either “[developed and agreed to by the parents and approved by a court,” or “[established by the court ... if the parents cannot agree to a plan or the parents agreed to a plan that is not approved by the court.” §
61.046(14)(a); see also Sherman,
74 So.3d at 167 . Section
61.30 governs child support calculations....
...In Sherman, the First District determined that an unapproved visitation agreement could not support a deviation from the guidelines amount “even where equity compels the deviation.”
74 So.3d at 168 . The court reached this conclusion despite the equitable catch-all provision in section
61.30(ll)(a)(ll) because it determined that the Legislature’s decision to use the word “other” in that subsection “indicates the adjustment must be based on some other grounds not already expressed in the subsection.” Id....
CopyPublished | Florida 4th District Court of Appeal
...Collateral Child Support Split
The former husband correctly argues that the trial court reversibly
erred in ordering the parties to pay for the children’s noncovered health,
dental, and extracurricular expenses in an 80/20 split, where the regular
child support allocation was split 60/40.
Section 61.30(8), Florida Statutes (2017), provides in pertinent part:
Health insurance costs resulting from coverage ordered
pursuant to s....
...).
4. Mortgage Payments Consideration
The former husband correctly argues that the trial court erred in
awarding retroactive child support without considering the former
husband’s mortgage payments during the dissolution’s pendency.
Section 61.30(17)(b), Florida Statutes (2017), provides, in pertinent
part: “In determining the retroactive [child support] ....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 449, 1992 WL 10921
...At that time, the former husband was paying $450 a month in child support, $50-60 of which was for the child’s health insurance. Due to the former husband’s increased earnings as an optometrist, the parties’ combined income exceeded $50,-000. 1 Therefore, the child support guidelines are inapplicable. Section 61.30(l)(b)2, Fla.Stat....
...ligation to support the Former Wife, her present husband or the child of the present marriage.” In Harrison v. Harrison,
573 So.2d 1018, 1020 (Fla. 1st DCA 1991), we stated that when the combined income exceeds the *758 $50,000 maximum provided in section
61.30, a trial court should nevertheless “use the maximum presumptive guidelines amount as a ‘floor’ to the child support award....” See also Barrs v....
...he maximum guidelines amount is the minimum support obligation of the parties, and if support in less than that amount is ordered, to make specific written findings why ordering payment of the guideline amount would be “unjust or inappropriate.” Section 61.30(l)(a), Florida Statutes. On remand, the trial court should also take into consideration and make appropriate findings as to whether the former wife is voluntarily underemployed, as provided in section 61.30(2)(b), in setting the relative support obligations of the parties....
CopyPublished | Supreme Court of Florida
...for form
12.902(e) providing that if the parties’ combined monthly net
income is not listed on the Child Support Guidelines Chart, child
support is to be calculated as provided by law. However, we modify
the sentence to specifically reference section 61.30(6), Florida
Statutes (Child support guidelines; retroactive child support), which
explains how to calculate the child support amount if the obligor
parent’s net income is less than the amount in the guidelines
schedule or if the p...
...ion?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in “bold underline” in these instructions are defined there.
For further information, see section 61.30, Florida Statutes.
Special notes....
...From time to time, some
of the amounts in the child support guidelines chart will change. Be sure you have the most recent version
of the chart before using it.
If the parties’ combined monthly net income is not listed on the below chart, then calculate child support
as provided by law in section 61.30(6), Florida Statutes.
Because the guidelines are based on monthly amounts, it may be necessary to convert some income and
expense figures from other frequencies to monthly....
...RESPONDENT TOTAL
5. a. 100% of Monthly Child Care
Costs
[Child care costs should not exceed
the level required to provide quality
care from a licensed source. See
section 61.30(7), Florida Statutes,
for more information.]
b....
...Other payments/credits actually
made for any noncovered
medical, dental and prescription
medication expenses of the
child(ren) not ordered to be
separately paid on a percentage
basis. (See section 61.30 (8),
Florida Statutes.)
8....
...e, Child Care & Other
14. a. Total Monthly Child Care Costs
[Child care costs should not
exceed the level required to
provide quality care from a
licensed source. See section
61.30(7), Florida Statutes, for
more information.]
b....
...noncovered medical, dental and
prescription medication
expenses of the child(ren) not
ordered to be separately paid
on a percentage basis. [See
section 61.30(8), Florida
Statutes.]
17....
CopyPublished | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 177, 1999 WL 9809
...The father also contends that the trial court erred in awarding child support retroactive to the date of the minor child’s birth. “[T]he [trial] court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child.” § 61.30(17), Fla....
CopyPublished | Florida 1st District Court of Appeal
other parent's overnight stays with the child. See §
61.30(11)(b)3., Fla. Stat. The judge did not find that
CopyPublished | Florida 1st District Court of Appeal
...Cairns' arguments appear to be based on a misreading of the child support guidelines worksheet. In calculating the child support obligation, the judge multiplied the father's basic support obligation by eighty percent, which represents the percentage of the other parent's overnight stays with the child. See § 61.30(11)(b)3., Fla....
CopyPublished | Florida 1st District Court of Appeal
...Cairns’ arguments appear to be based on a
misreading of the child support guidelines worksheet. In
calculating the child support obligation, the judge multiplied the
father’s basic support obligation by eighty percent, which
represents the percentage of the other parent’s overnight stays
with the child. See § 61.30(11)(b)3., Fla....
CopyPublished | Florida 4th District Court of Appeal
...y income.
However, the former wife’s undisputed net monthly income was $3,520.00.
The discrepancy appears to be due, in part, to the circuit court’s failure to
subtract the former wife’s monthly health insurance expense in its
calculation. See § 61.30(3)(e), Fla....
...court’s final judgment was deficient.”).
Third, as the former wife argues, and the former husband does not
dispute, the circuit court erred when it calculated prospective child
support without considering the former wife’s monthly child care
payments. See § 61.30(7), Fla....
...retroactive child support where the former husband did not dispute he had
not paid the full child support amount during the parties’ separation, had
not exercised any overnight timesharing, and was able to pay the
retroactive support.
We agree with the former wife’s argument. Section 61.30(17), Florida
Statutes (2020), provides: “In an initial determination of child support ...
4
the court has discretion to award child support retroactive to the date
when the parents did not reside together in the same household with the
child, not to exceed a period of 24 months preceding the filing of the
petition.” § 61.30(17), Fla....
CopyPublished | Florida 4th District Court of Appeal
...when there is a need for child support and an ability to pay.”
Johnson v. Johnson,
297 So. 3d 700, 704 (Fla. 1st DCA 2020) (quoting
Leventhal v. Leventhal,
885 So. 2d 919, 920 (Fla. 3d DCA 2004)).
Retroactive child support may be awarded for a time up to two years
prior to the filing of the petition. See §
61.30(17), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...In determining an award of retroactive child support, the court shall "apply
the guidelines schedule in effect at the time of the hearing subject to the obligor's
demonstration of his or her actual income . . . during the retroactive period."
§ 61.30(17)(a) (emphasis added); see also Swor v....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 482374, 2014 Fla. App. LEXIS 1623
...This is an appeal of a Final Administrative Support Order by the Department of Revenue on behalf of Shemata S. Walker. The order was rendered on May 17, 2013, and erroneously allowed Sedrick L. Cody a deduction from his gross income for a pri- or child support order that he was not paying. Section 61.30(3)(f) provides that “[c]ourt-ordered support for other children which is actually paid” is an allowable deduction from gross income for purposes of calculating net income available for child support. § 61.30(3), Fla....
...4th DCA 2001) (reversing child support calculation which included a deduction for court-ordered support where no evidence was presented that the husband was currently paying that obligation); Copeland v. Copeland,
667 So.2d 487 -88 (Fla. 1st DCA 1996) (“The language of
61.30(3) was intended to permit only those items listed in the statute as deductions from gross income.”)....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 1010
...This court cannot properly review this issue because the trial court failed to make specific findings in the modification order, including the children’s needs, ages, stations in life, standard of living, and the financial status and ability of each parent to pay. § 61.30, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 3251, 2012 WL 635647
...Next, although the court awarded the father the IRS income tax exemption in “odd-numbered calendar years,” the judgment should indicate that the mother, the custodial parent, is required to execute a waiver of the dependency exemption, only if the father “is current in support payments.” § 61.30(11)(a)(8), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1793, 1992 WL 35364
...ciently “charging the paternity of the child” 3 whether a particular person is the father. The court shall determine the issue of paternity and “shall order either or both parents owing a duty of support to the child to pay support pursuant to Section 61.30.” 4 We hold that acknowledging paternity is a sufficient recognition of an obligation of support to make the child a “survivor” under the act....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 19427, 2001 WL 1809083
...out explaining the terms and conditions of this reservation. The trial court denied rehearing on this order. We have concluded that such an unconditional reservation must be treated as a denial of child support. The child support guidelines statute, section 61.30, Florida Statutes (2000), provides, in section 61.30(2)(b): Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent’s part, absent physical or mental incapacity or other circumstances over which the parent has no control....
...some point after the delivery of her second child in February 2000, she became voluntarily unemployed. The record contains no evidence to show that she has a physical or mental “incapacity or other circumstances over which [she] has no control.” § 61.30(2)(b)....
CopyPublished | Florida 3rd District Court of Appeal
...Delosreyes,
392 So. 3d 128, 133 (Fla. 4th DCA 2024) (“A trial
court is required to determine the net income of each parent when
determining a child support award . . . and the court must include adequate
findings of such in the final judgment. Section
61.30 establishes a guidelines
schedule that a trial court is required to apply in determining an award of
child support, and a trial court’s findings regarding the parties’ incomes are
necessary for an appellate court to determine if...
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 2224, 2010 WL 669748
...NOTES [1] The amount of child support was apparently set in New Jersey in 1999. This amount appears substantially higher than the amount that would be calculated under the current Florida child support guidelines for a parent earning less than $1000 per month. See § 61.30, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1993 Fla. App. LEXIS 2260, 1993 WL 48254
...The Department of Health and Rehabilitative Services and Susan McGurl have appealed from an order modifying Thomas McGurl’s child support obligation. They contend that the court abused its discretion in setting the father’s support payment below the amount provided in the guidelines, section 61.30, Florida Statutes (1991)....
CopyPublished | Florida 5th District Court of Appeal
...the Apprenticeship Fund; (2) NEBF; (3) the Administration Fund; (4) NLMCC; (5) Florida Building Trades; and (6) DLMCC. The trial court concluded that these items should have been added to Father's taxable income when calculating child support under section 61.30(2)(a) 13, Florida Statutes....
...nal amount of child support to Mother. DOR argues the trial court erred as a matter of law when it calculated Father's gross income because it included employment benefits as taxable income without finding that they reduced Father's living expenses. Section 61.30(2), Florida Statutes, sets forth the way in which the trial court shall determine a parent's monthly income. Pursuant to section 61.30(2)(a) 13., Florida Statutes, gross income shall include "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses." Thus, under section 61.30(2)(a) 13., a court should include as income "those regular and expected employment benefits ......
...In addition, the trial court failed to make the required findings of fact before including these items in its income and child support calculations. Without evidence showing that these six items reduce Father's living expenses, it was error for the court to include those payments as gross income pursuant to section 61.30(2)(a) 13....
...It argues, however, that the trial court should have included corresponding deductions from Father's income for those items. When determining a party's child support obligation, "net income is obtained by subtracting allowable deductions from *684 gross income." § 61.30(3), Fla. Stat. Under the statute, allowable deductions "shall include ... mandatory retirement payments" and "health insurance payments, excluding payments for coverage of the minor child." § 61.30(3)(d), (e), Fla....
...The trial court properly included payments that Father's employer made toward his health insurance as gross income because those payments reduce Father's living expenses. It erred, however, in failing to provide a corresponding deduction when calculating Father's net income. See § 61.30(3)(e), Fla....
...ut providing corresponding deduction error). Finally, because the only evidence provided in the trial court shows Father's pension plan payments are mandatory, it was error for the trial court to not allow a corresponding deduction for the same. See § 61.30(3)(d), Fla....
CopyPublished | Florida 5th District Court of Appeal
...the Apprenticeship Fund; (2) NEBF; (3) the Administration Fund; (4) NLMCC; (5) Florida Building Trades; and (6) DLMCC. The trial court concluded that these items should have been added to Father's taxable income when calculating child support under section 61.30(2)(a) 13, Florida Statutes....
...nal amount of child support to Mother. DOR argues the trial court erred as a matter of law when it calculated Father's gross income because it included employment benefits as taxable income without finding that they reduced Father's living expenses. Section 61.30(2), Florida Statutes, sets forth the way in which the trial court shall determine a parent's monthly income. Pursuant to section 61.30(2)(a) 13., Florida Statutes, gross income shall include "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses." Thus, under section 61.30(2)(a) 13., a court should include as income "those regular and expected employment benefits ......
...In addition, the trial court failed to make the required findings of fact before including these items in its income and child support calculations. Without evidence showing that these six items reduce Father's living expenses, it was error for the court to include those payments as gross income pursuant to section 61.30(2)(a) 13....
...It argues, however, that the trial court should have included corresponding deductions from Father's income for those items. When determining a party's child support obligation, "net income is obtained by subtracting allowable deductions from *684 gross income." § 61.30(3), Fla. Stat. Under the statute, allowable deductions "shall include ... mandatory retirement payments" and "health insurance payments, excluding payments for coverage of the minor child." § 61.30(3)(d), (e), Fla....
...The trial court properly included payments that Father's employer made toward his health insurance as gross income because those payments reduce Father's living expenses. It erred, however, in failing to provide a corresponding deduction when calculating Father's net income. See § 61.30(3)(e), Fla....
...ut providing corresponding deduction error). Finally, because the only evidence provided in the trial court shows Father's pension plan payments are mandatory, it was error for the trial court to not allow a corresponding deduction for the same. See § 61.30(3)(d), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 697697, 2017 Fla. App. LEXIS 2365
...4
According to the statutory guidelines for child support, the trial court’s calculation
of a spouse’s gross income shall include “[r]eimbursed expenses or in kind
payments to the extent that they reduce living expenses.” § 61.30(2)(a)13., Fla.
Stat....
...s
from the former wife’s mother in calculating the former wife’s gross monthly
income. §
61.046(8), Fla. Stat. (2014) (stating that the definition of “income”
includes “any form of payment to an individual . . . made by any person”); §
61.30(2)(a)13., Fla....
...arent if the trial court finds that
the parent is voluntarily unemployed or underemployed, unless the trial court finds
that the parent suffers from a “physical or mental incapacity or other circumstance
over which the parent has no control.” § 61.30(2)(b), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 2404, 2007 WL 518629
...this issue. Although it appears the parties’ financial affidavits provided accurate calculations of their respective net monthly incomes, they did not provide reliable figures for the child’s anticipated daycare or health insurance expenses. See § 61.30(7), (8), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 101, 2015 Fla. LEXIS 281, 2015 WL 686028
...Florida Statutes.
911. The petitioner requests that the parents be ordered to provide to the Department of
Children and Family Servicesies and the Department of Revenue financial information necessary
to accurately calculate child support under section 61.30, Florida Statutes, within 28 days of this
order.
1012....
...may…… may not be returned to the parent/custodian without further
order of this court.
3. The Guardian Ad Litem Program is appointed.
4. The parents, within 28 days of the date of this order, shall provide to the department the
information necessary to accurately calculate child support under section 61.30, Florida
Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 1838, 2003 WL 355250
...ther side of what is to be established in support of the petition, so that the opponent has a fair opportunity to defend and prepare a case). Medical, dental, optical, orthodontic, and prescription expenses fall within the category of child support. Section 61.30(8), Florida Statutes, discusses the provision of non-covered medical, dental and prescription expenses as being part of the basic obligation unless “these expenses have been ordered to be separately paid on a percentage basis.” Thus, those expenses are contemplated as being child support under the guidelines....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 1990, 2006 WL 357832
PALMER, J. Suzanne Jones (wife) appeals the trial coui’t’s final order dissolving her marriage to Raymond Jones (husband). Concluding that the trial court erred in imputing income to the wife equal to that of the husband, we reverse. Section 61.30(2)(b) of the Florida Statutes (2002) provides the following, with regard to imputed income: 61.30....
...ork history, occupational qualifications, and prevailing earnings level in the community; however, the court may *801 refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child. § 61.30(2)(b), Fla....
CopyPublished | District Court of Appeal of Florida
agreement of the parties or Court order.” See §
61.30(17), Fla. Stat. (2022) (“In an initial determination
CopyPublished | Florida 1st District Court of Appeal
...Nevertheless, the trial court used the higher monthly amount of
$440 on the guidelines worksheet in computing the new child
support obligation. The former husband essentially concedes this
error in his Answer Brief, but seeks to justify the difference under
section 61.30, Florida Statutes. We hold, however, that the five
percent variance permitted by section 61.30 is inapplicable in this
instance, since there was nothing in the record that even hints at
any intent on the trial court’s part to utilize the greater amount so
as “to order payment of child support in an amount which varies
more than 5 percent from such guideline amount . . . .” §
61.30(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 1799, 2006 WL 335026
...to either set aside the marital settlement agreement or modify the final judgment of dissolution of marriage. The primary purpose of the petition was to establish the former husband’s child support obligation according to the guidelines set out in section 61.30, Florida Statutes (2003), rather than according to the amount the couple had agreed to at the time of the dissolution of their marriage....
...ife’s petition was filed. After filing a motion for rehearing alleging that the order did not consider the fact that the parties share equally the physical custody of their only child, which the trial court denied, the former husband appealed. See § 61.30(ll)(b) (providing for adjustments to basic statutory child support calculations when the child spends *855 a substantial amount of time with each parent)....
...rmit the lower tribunal to proceed with specifically stated matters during the pendency of the appeal.”). Instead of setting temporary child support as directed, the trial court reversed itself and recalculated the child support in accordance with section 61.30(ll)(b), taking into account the 50/50 physical custody arrangement to which the parties had agreed....
...2d DCA 2002) (holding that an order the trial court enters without jurisdiction is void). We reverse the final judgment on appeal, affirm the former wife’s cross-appeal, and remand the case for reconsideration of permanent child support in light of section 61.30(ll)(b)....
CopyPublished | Florida 5th District Court of Appeal
...impute will be affirmed if supported by competent substantial
evidence.” Saario v. Tiller,
333 So. 3d 315, 321 (Fla. 5th DCA
2022). “In making an award of child support, the trial court is
required to determine the net income of each parent pursuant to
section
61.30, and to include findings in the final judgment.”
Hindle v....
...5th DCA 2005)
(“Specifically, as to imputation of income, if the trial court does not
include specific findings in the final judgment, the record must
reveal competent, substantial evidence to support the trial court’s
5
decision.”). Section 61.30, Florida Statutes, provides the factors a
trial court is to use to determine how much income to be imputed
to an unemployed spouse. See § 61.30(2)(b), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 535765, 2013 Fla. App. LEXIS 2263, 38 Fla. L. Weekly Fed. D 359
...the notice of paternity proceeding was served on Appellee. We agree. The Department administers the State’s child support enforcement program. See §
409.2557(1), Fla. Stat. (2011). Support obligations are based on the child support guidelines in section
61.30, Florida Statutes, and may include retroactive support pursuant to section
61.30(17), Florida Statutes. See §§
61.046(21);
61.30;
409.2563(l)(a), (l)(g), (4)(f), Fla....
...troactive to the date when the parents did not reside together in the same household with the child, not to exceed a 'period of ¾ months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. *536 § 61.30(17), Fla....
...support order at the conclusion of the support proceeding. See §§
409.256(4)(a)7., (9), Fla. Stat. (2011). The Department asserts that where, as in this case, it chooses the two-step statutory process, the 24-month retroactive support period under section
61.30(17) should be calculated from the date on which the notice of paternity proceeding was served on the putative father....
...The issue of paternity is determined first, and if established, the father’s support obligation is then determined. The support proceeding is thus part two of an ongoing overall administrative action, the goal of which is to ensure the child’s biological father pays child support. Section 61.30(17), as well, supports using the service date of the notice of paternity proceeding to determine the retroactive period....
...Of the three proceedings listed in the statute resulting in an initial child support determination — paternity action, dissolution of marriage action, and petition for support during marriage — a paternity action is the only one analogous to the type of administrative proceeding at issue in this case. If section 61.30(17) permits ret *537 roactive child support for a 24-month period preceding the date a paternity action was filed in circuit court, the service date of the notice of paternity proceeding likewise should be the operative date for adminis...
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 3613683
...was emancipated. We find this argument to be unpersuasive, as the language in the child support agreement is not clear as to the exact amount the child support is to be reduced by upon a child's emancipation. In viewing the child support guidelines, section 61.30, Florida Statutes (2005), we note that as the number of children subject to child support at a set income level decreases, the amount of child support required does not decrease on a pro rata basis....
CopyPublished | District Court of Appeal of Florida | 1997 WL 60875
...In its finding and final judgment of paternity the trial court stated, “The amount of support set hereinafter is a variance from the statutory guidelines calculation due to the Respondent’s obligation to support after-born children.” The department argues, citing section 61.30(12), Florida Statutes (1993), that the trial court should not have considered after-born children in this initial determination of child support. We agree and reverse. Section 61.30(12), which was added to chapter 61 effective July 1, 1993, provides: A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose....
...The trial court gave no reason, other than the support of a subsequent child, either on the record or in writing, for the deviation from the guideline amount. We have previously held the guidelines are mandatory unless the trial court complies with the provisions of section 61.30(l)(a), Florida Statutes (1993)....
CopyPublished | Florida 3rd District Court of Appeal
upon which to impute income to the mother, see §
61.30, Fla. Stat., and the Department of Revenue established
CopyPublished | District Court of Appeal of Florida
upon which to impute income to the mother, see §
61.30, Fla. Stat., and the Department of Revenue established
CopyPublished | Florida 3rd District Court of Appeal
upon which to impute income to the mother, see §
61.30, Fla. Stat., and the Department of Revenue established
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 1821, 2008 WL 373229
...Thus at the time of the petition and the time of the hearing before the general magistrate, the parties no longer had the use of the rent-free home. As stated in the child support statute, gross income includes “[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses.” § 61.30(2)(a)13., Fla. Stat. (2006). While by its terms section 61.30 applies only to child support, the logic is equally applicable to the imputation of income for purposes of temporary alimony....
CopyPublished | Florida 1st District Court of Appeal
...and not
the portion that was for retroactive amounts. Thus, Appellant was
given credit for child support payments for his other children of
$853.20 and $456 per month, respectively. On appeal, the
Department argues that this decision is supported by section
61.30(3)(f), Florida Statutes, which allows for a deduction from a
party’s gross income for “[c]ourt-ordered support for other children
which is actually paid.” We disagree.
We agree with our prior interpretation that the phrase
“actually paid” in section 61.30(3)(f), Florida Statutes, indicates
whether a party “pays the court-ordered child support for another
child ....
...amount each month until the full amount is satisfied. When a
party is complying with a child support order, including paying the
retroactive amount each month, the full amount is child support
that is “actually paid.” Therefore, the credit given to Appellant by
the ALJ under section 61.30(3)(f), Florida Statutes, should have
included the retroactive portion of the court-ordered child support
payments Appellant makes each month for his other children.
AFFIRMED in part, REVERSED in part, and REMANDED for
further proc...
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1435
...The trial court determined a retroactive child support obligation and allowed appellee credit against this support obligation, including approximately $1,600 based on gifts appellee stated he purchased for the minor daughter on Christmases and her birthdays. Section 61.30(17)(b), Florida Statutes (2008), authorizes the assignment of credit against a retroactive child support obligation for: (b) All actual payments made by a parent to the other parent or the child or third parties for the benefit of the child *172 throughout the proposed retroactive period. Here, the record reveals appellee merely testified he purchased $1,600 in gifts for his daughter and did not specify what those gifts entailed except to state he purchased his daughter a puppy at the cost of $500. Prior to the passage of section 61.30(17)(b), Florida courts generally prohibited the crediting of payments for non-essential items against child support arrearages....
...On the other hand, private school tuition, prescriptions, and health insurance are necessities that may be considered as an element of support." [*] There are many types of payments which may provide for a child's necessities so as to "benefit" the child pursuant to section 61.30(17)(b)....
...4th DCA 2003) for the proposition that failure to exercise discretion constitutes reversible error). Without record evidence establishing the nature of the gifts appellee stated he purchased for his daughter, it is impossible for this court or the trial court to determine if those gifts benefited the child pursuant to section 61.30(17)(b)....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 535422, 2017 Fla. App. LEXIS 1656
...2d 383, 390 (Fla. 2004)). However, as Ms. Bell concedes, the final
judgment's child support calculation failed to account for Mr. Ryans' cost of health
insurance. That omission is clear from the face of the record and contrary to Florida
law. See § 61.30(3)(e), Florida Statutes (2011) ("Allowable deductions shall include ....
CopyPublished | Florida 2nd District Court of Appeal
...rties' net incomes, (2) failing to include a child support guidelines worksheet in the final judgment, and (3) adding $ 40,628.46 to his income without making specific factual findings to support that addition. We will address each argument in turn. Section 61.30, Florida Statutes (2016), establishes a guidelines schedule that trial courts must apply in making an award of child support. The child support guideline amount presumptively establishes the amount the trial court shall award as child support. § 61.30(1)(a)....
...ve percent "only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate." Id. In determining the child support guideline amount, the trial court must follow the statutory formula set forth by section 61.30. The statute instructs that the trial court must first determine the net monthly income of each parent by subtracting allowable deductions from each parent's gross monthly income. § 61.30(2) - (4). The net income for each parent is then added together for a combined net income. § 61.30(5). The trial court must then apply the guidelines schedule to the combined *1083 net income to determine the presumptive amount of child support to award. § 61.30(6). The trial court erred by failing to make specific findings concerning each parent's net monthly income and relying only on each parent's gross monthly income. "In conformance with section 61.30, the case law is 'well-settled that a trial court errs by failing to make findings of fact regarding the parties' incomes when determining child support.' " M.M....
...Munoz ,
35 So.3d 136 , 139 (Fla. 2d DCA 2010) ). Because the guidelines are based on the parents' combined net income and there is an absence of findings as to same in the appellate record, this court cannot conduct a meaningful appellate review of the child support award. See §
61.30(6) (mandating that the "guidelines schedule shall be applied to the combined net income to determine the minimum child support need"); see also M.M....
...ial to properly applying the guidelines."). Stated another way, we are compelled to reverse because the absence of findings regarding the parties' net incomes precludes a determination as to whether the award was within the guidelines established in section 61.30 or whether a departure from the guidelines was justified....
...The final judgment references that the trial court "imputed" an additional $ 3385.70 to the Father's reported monthly income. It is clear from the record that the trial court was not referring to imputation of income due to the Father's voluntary unemployment or underemployment pursuant to section 61.30(2)(b), Florida Statutes (2016), but instead was referring to in kind contributions received from his employer. See § 61.30(2)(a)(13) (defining gross income to include "[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses")....
CopyPublished | Florida 2nd District Court of Appeal
...rial court "imputed" an additional
$3385.70 to the Father's reported monthly income. It is clear from the record that the
trial court was not referring to imputation of income due to the Father's voluntary
unemployment or underemployment pursuant to section 61.30(2)(b), Florida Statutes
(2016), but instead was referring to in kind contributions received from his employer.
See § 61.30(2)(a)(13) (defining gross income to include "[r]eimbursed expenses or in
kind payments to the extent that they reduce living expenses").
-3-
Section 61.30, Florida Statutes (2016), establishes a guidelines schedule
that trial courts must apply in making an award of child support. The child support
guideline amount presumptively establishes the amount the trial court shall award as
child support. § 61.30(1)(a)....
...percent "only upon a written finding
explaining why ordering payment of such guideline amount would be unjust or
inappropriate." Id. In determining the child support guideline amount, the trial court
must follow the statutory formula set forth by section 61.30. The statute instructs that
the trial court must first determine the net monthly income of each parent by subtracting
allowable deductions from each parent's gross monthly income. § 61.30(2)-(4). The net
income for each parent is then added together for a combined net income. § 61.30(5).
The trial court must then apply the guidelines schedule to the combined net income to
determine the presumptive amount of child support to award. § 61.30(6).
The trial court erred by failing to make specific findings concerning each
parent's net monthly income and relying only on each parent's gross monthly income.
"In conformance with section 61.30, the case law is 'well-settled that a trial court errs by
failing to make findings of fact regarding the parties' incomes when determining child
support.' " M.M....
...3d 136, 139 (Fla. 2d DCA 2010)). Because the guidelines are based on
the parents' combined net income and there is an absence of findings as to same in the
appellate record, this court cannot conduct a meaningful appellate review of the child
support award. See § 61.30(6) (mandating that the "guidelines schedule shall be
applied to the combined net income to determine the minimum child support need"); see
-4-
also M.M., 251 So....
...crucial to properly applying the guidelines."). Stated another way, we are compelled to
reverse because the absence of findings regarding the parties' net incomes precludes a
determination as to whether the award was within the guidelines established in section
61.30 or whether a departure from the guidelines was justified....
CopyPublished | Supreme Court of Florida
...Dependent or Minor Child(ren) (02/18)
- 26 -
SECTION IV. CHILD SUPPORT
{Choose all that apply}
1. _____Petitioner requests that the Court award child support as determined by Florida’s child
support guidelines, section 61.30, Florida Statutes....
...The parties shall have time-sharing and parental responsibility in accordance with the Parenting
Plan attached as Exhibit _____.
SECTION IV. CHILD SUPPORT
1. _____ Petitioner ____ Respondent (hereinafter “Obligor”) will pay child support, under Florida’s
child support guidelines, section 61.30, Florida Statutes, to the other parent....
...Explain why this request is in the best interests of the child(ren):
SECTION IV. CHILD SUPPORT
[Indicate all that apply]
1. Respondent/Counter-Petitioner requests that the Court award child support as determined by
Florida’s child support guidelines, section 61.30, Florida Statutes....
...Respondent has the ability to contribute to the support of his or her minor child(ren) and has
failed to do so.
[Indicate all that apply]
2.______ Petitioner requests that the Court award child support as determined by Florida’s child
support guidelines, section 61.30, Florida Statutes.
3....
...to do so. Based upon the time-sharing schedule, the Petitioner is entitled to child support.
[Indicate all that apply]
2.______ Petitioner requests that the Court award child support as determined by Florida’s child
support guidelines, section 61.30, Florida Statutes.
3....
..._____ agree that child support will NOT be modified.
2. Amount of Child Support
Parent {name or designation} _______________ (hereinafter “Obligor”) will pay child support,
under Florida’s child support guidelines, section 61.30, Florida Statutes, to the other parent.
The Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form
12.902(e), is completed and attached.
This parent shall be obligated to pay child suppor...
..._________________________________________________________________________________.
SECTION V. CHILD SUPPORT
{Indicate all that apply}
1. _____ Petitioner requests that the Court award child support as determined by Florida’s child
support guidelines, section 61.30, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 18093
...The record reflects that Appellant provided no income information. Instead, DOR imputed income to Appellant, a taxidermist in Georgia, based on the average monthly income of individuals working as taxidermists in Georgia. While DOR is permitted to impute income to Appellant under section 61.30, Florida Statutes (2015), it must make the statutorily required findings to support imputation....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 15986, 2000 WL 1805205
...that the child support guidelines provided a basis for changing the support. 1 It also added the assertion that the child was now spending a substantial amount of time with Mr. Sanchez which entitled him to a variance from the guideline amount. See § 61.30(a), Fla....
...on. Florida Rules of Civil Procedure 1.110(d) and 1.140(b).”). We conclude that Mr. Sanchez is entitled to have the merits of his petitions addressed. REVERSED and REMANDED. COBB and PETERSON, JJ., concur. . Specifically, Mr. Sanchez asserted that section 61.30(l)(b) ("The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted.’’) was one basis for modification.
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 12352, 1992 WL 360943
...See generally Chapter 61, Florida Statutes, and specifically §
61.14 (Enforcement and modification of support, maintenance or alimony agreements or orders), §
61.17 (Alimony and child support; additional method for enforcing orders and judgments; costs and expenses); §
61.30 (Child support guidelines); see also § 88.012 (“It is declared to be the public policy of this state that this act shall be construed and administered to the end that children residing in this or some other state shall be maintained from the resources of responsible parents, ......
CopyPublished | Florida 1st District Court of Appeal
...The record reflects that Appellant provided no income
information. Instead, DOR imputed income to Appellant, a taxidermist in Georgia,
based on the average monthly income of individuals working as taxidermists in
Georgia. While DOR is permitted to impute income to Appellant under section
61.30, Florida Statutes (2015), it must make the statutorily required findings to
support imputation.
Upon DOR’s proper confession of error, we reverse the Final Administrative
Support Order and remand for further proceedings cons...
CopyPublished | Florida 3rd District Court of Appeal
...eremployed and imputed
income to him to arrive at the $800.00 figure. The State of Florida Department of
Revenue (Department), an intervenor below, appeals. Department maintains that
the trial court did not comply or make findings consistent with section 61.30 of the
Florida Statutes.
The record of the January 10, 2018 hearing reveals that the trial court and
the parties converted the hearing into a de facto settlement conference, during
which Department was represented by counsel w...
CopyPublished | Florida 3rd District Court of Appeal
...eremployed and imputed
income to him to arrive at the $800.00 figure. The State of Florida Department of
Revenue (Department), an intervenor below, appeals. Department maintains that
the trial court did not comply or make findings consistent with section 61.30 of the
Florida Statutes.
The record of the January 10, 2018 hearing reveals that the trial court and
the parties converted the hearing into a de facto settlement conference, during
which Department was represented by counsel w...
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 19779, 2014 WL 6833041
...Inexplicably, the worksheet utilizes net income for Appellee, but gross income for Appellant. In addition, although the worksheet utilizes the “Gross Up Method” of calculation of child support, the time-sharing arrangement does not support this method. See § 61.30(ll)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 6244175, 2013 Fla. App. LEXIS 19199
...n even years. However, the father’s alternating years for the IRS tax exemption as reflected in the paternity judgment are conditioned on the father being current in his support payments. See Williams v. Lutrario,
81 So.3d 589 (Fla. 4th DCA 2012); §
61.30(11)(a)(8), Fla....
...However, the relevant question is not whether the father was current in his child support at the time of the contempt hearing, but rather whether the father was current in his child support at the end of the relevant tax year so as to be entitled to the dependency tax exemption under section 61.30(ll)(a)(8)....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 17754, 2002 WL 31696937
JACOBUS, BRUCE W., Associate Judge. Appellant, Charles Singleton, appeals the trial court’s non-final order holding him in contempt of court for failing to pay child support. Appellant alleges that the trial court deviated from section 61.30, Florida Statutes (2001), in calculating the child support....
CopyPublished | District Court of Appeal of Florida
for reviewing decisions imputing income under section
61.30(2)(b), Florida Statutes, is whether the trial
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 19494, 2015 WL 9584862
...h an administrative support order as defined " in [section
409.2563].” §
409.2563(4)(b). The Department is then required to “calculate [a], parent’s child support obligation under the child support guidelines schedule as provided by s[ection]
61.30, based on any timely financial affidavits received and other information available to the department.” §
409.2563(5)(a)....
...t was in the proposed order,” and the amounts would “depend on the evidence at the hearing.” Section
409.2563(7)(e) requires that a final administrative support order, whether issued by the Department or DOAH, comply with sections
61.13(1) and
61.30, Florida Statutes, and be issued in accordance with the child support guidelines schedule in section
61.30. The child support guideline amount presumptively establishes the amount of support that should be awarded whether the proceeding arises under chapter 61 or section
409.2563. §
61.30(1)(a)....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 19750, 2003 WL 23094869
...In addition to ordering the Former Husband to pay alimony, the trial court also ordered him to pay $2,971 per month in child support. The trial court’s child support award, like the equitable distribution of the parties’ property and the alimony award, lacked sufficient factual findings as required under section
61.30, Florida Statutes (2002). While a child support determination is within the discretion of the trial court, section
61.30 “provides the statutory formula which must be used to determine each parent’s actual dollar share.” Ondrejack,
839 So.2d at 871 (citing Stanton v....
CopyPublished | Florida 1st District Court of Appeal
...The Florida Department of Revenue appeals the amended final judgment of
dissolution of marriage, and the second amended final judgment which denied
rehearing of the earlier judgment, on the issue of the determination of the father,
John E. Price’s gross income under section 61.30(2)(a), Florida Statutes, for
purposes of calculating the child support award....
...2d DCA 2011).
The issue in this case is whether the father’s overseas housing allowance
(OHA) for the period he was deployed to Bahrain on active service with the United
States Navy, prior to his retirement, must be included in his gross income under
section 61.30(2)(a), Florida Statutes....
...Housing (BAH) covers.2 In calculating past child support due, the trial judge
concluded that the father’s gross income should not include the father’s OHA for
the periods he benefitted from such payments, but did not explain how she reached
that conclusion.
Section 61.30(2), Florida Statutes provides in pertinent part:
(a) Gross income shall include, but is not limited to, the
following:
1
The word “Service” in “Service member” is capitalized and the term “Service
member...
....
The statute does not exclude military allowances, temporary or one-time
bonuses,3 or earmarked allowances or reimbursements for housing which cannot
be spent on non-housing expenses.4 However, the Department does not argue that
the OHA is salary under section 61.30(2)(a)1 or an allowance under 61.30(2)(a)2.
Our analysis therefore concerns only section 61.30(2)(a)13.5
The public policy of the child support guidelines statutes is to standardize
and facilitate each parent’s “fundamental obligation to support his or her minor or
legally dependent child” and is “based on the pa...
...Although they apply foreign
statutes which differ slightly from the Florida provision, we find the opinions in
3
See Colston v. Green,
742 So. 2d 280 (Fla. 1st DCA 1998) (Father’s one-time
signing bonus from professional football team was required to be included in
“gross income” under section
61.30(2)(a), Fla. Stat.).
4
See Dep’t of Revenue v. Hinnerschietz,
850 So. 2d 625 (Fla. 2d DCA 2003)
(Father’s benefits from business which contributed to his living expenses required
to be included as “gross income” under section
61.30(2)(a), Fla....
...Accordingly, the OHAs in those cases were required to be included in
the Service member parents’ gross income for purposes of calculating past child
support obligations.6
Accordingly, the father’s OHA for the months he benefitted from this
allowance must be included in his gross income under section 61.30(2)(a)13,
Florida Statutes....
...child support than if that same Service member had been stationed in the United
States. However, we are constrained to use the definition of gross income
provided by statute. Any equitable consideration would be relevant to the child
support awarded per section 61.30(11)(a)11, Florida Statutes, not the gross income
calculation under section 61.30(2), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20855, 2011 WL 6847812
...See generally Overbey v. Overbey,
698 So.2d 811, 813 (Fla.1997). Moreover, the respite care ordered by the trial court in Kuttas was for child care, albeit for two autistic children. Here, the respite care the trial court awarded Appellee is for Alex's medical care. Section
61.30(11)(a)1, Florida Statutes (2004), permits adjustments in child support for "[e]xtraordinary medical, psychological, educational, or dental expenses." We find no abuse of discretion by the trial court in requiring Appellant to reimburse...
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 18341, 2010 WL 4903610
...In this case, there is no competent substantial evidence to support the imputation of income to the unknown father. Because there is no evidence regarding the biological father’s earnings or potential earnings, the finding of the hearing officer was improper. § 61.30(2)(b), Fla....
...e information the court has regarding the mother. No income should be imputed to the unknown father, and the mother will be responsible for 100% of the support obligation. REVERSED and REMANDED with directions. MONACO, C.J. and PALMER, J., concur. . § 61.30, Fla....
CopyPublished | Florida 5th District Court of Appeal
...Identifies the amount and source of the imputed
income, through evidence of income from available
employment for which the party is suitably qualified
by education, experience, current licensure, or
geographic location, . . . .
§ 61.30(2)(b)1., Fla....
...loyability and
that jobs are available.’” (quoting Dottaviano v. Dottaviano,
170 So.
3d 98, 100 (Fla. 5th DCA 2015))). Accordingly, we reverse the
imputation of income to Appellant and remand for recalculation of
child support in accordance with section
61.30 for the period from
Appellant’s last payment of child support in 2015 until December
18, 2019....
CopyPublished | Florida 2nd District Court of Appeal | 1993 WL 540171
...The Court finds the Respondent now has three (3) minor children for which he owes a legal duty of support, not including his eighteen (18) year old daughter of his marriage to the Petitioner, who now resides with him. 4. The Court finds an adjustment to guideline support is needed to achieve an equitable result pursuant to Section 61.30(10)(i) based upon the Respondent's present financial condition including the fact he is contributing to the support of a minor child born during his re-marriage as well as for the eighteen (18) year old child of the parties; and the fac...
...ion of court-ordered support. Clowdis argues that the trial court erred by taking into consideration that Earnest is supporting their adult daughter and that the court gave him credit for "foreclosed visitation" during the summer months. Pursuant to section 61.30(10)(i), Florida Statutes (1991), the trial court can make adjustments to achieve an equitable result....
CopyPublished | Florida 1st District Court of Appeal
...When the court decided his petition, it
awarded him retroactive modification of child support only from
the date he filed the petition for modification in 2021. The court
declined to retroactively modify the child support due from the
date that the child first began living with Appellant on account of
§ 61.30(11)(c), Florida Statutes, which governs retroactive child
support modification....
...ances
because it deemed Appellant to be a noncustodial parent.
II.
We review questions of statutory interpretation de novo. E.g.,
Crapo v. University Cove Partners, LTD,
298 So. 3d 697, 700 (Fla.
1st DCA 2020). Section
61.30(11)(c) provides that:
A parent’s failure to regularly exercise the time-
sharing schedule ....
...shall be deemed a substantial
change of circumstances for purposes of modifying the
child support award. A modification pursuant to this
paragraph is retroactive to the date the noncustodial
parent first failed to regularly exercise the court-ordered
or agreed time-sharing schedule.
§ 61.30(11)(c), Fla....
...timesharing when the child switched to living with Appellant, the
court concluded that Appellant was not entitled to retroactive
modification.
2
In determining which parent is “custodial” versus
“noncustodial” under § 61.30(11)(c), we consider the parties’ real-
life situation and who is caring for the minor child....
...noncustodial under the terms of the court order. But later, “the
father failed to exercise his timesharing responsibilities—
essentially yielding full custody to the mother.” Id. at 1278. This
Court affirmed the retroactive modification ordered by the trial
court under section 61.30(11)(c) and directed continued retroactive
application on remand because the father failed to exercise his
time-sharing....
...at 1279.
Here, as with the father in Knight, the mother yielded custody
of the child. Thus, under Knight and customary definitions of
“custodial,” she became “the noncustodial parent [who] . . . failed
to regularly exercise the court-ordered or agreed time-sharing
schedule.” § 61.30(11)(c), Fla....
...Stat. Accordingly, Appellant
qualified under the statute for retroactive modification from the
date the child began to live with him full time, dependent upon the
trial court’s determination of the parties’ comparative financial
abilities. See § 61.30(1)(a), Fla. Stat. (requiring court to “consider[]
all relevant factors, including the needs of the child or children,
age, station in life, standard of living, and the financial status and
3
ability of each parent”); § 61.30(11)(b)7, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...& Loan,
569 So.2d 1271 . The Husband also argues on appeal that the trial court erred in calculating' child support. We’agree, and the Wife concedes, that the trial court erred in failing to apply the substantial timesharing formula set forth in section
61.30(11)(b), Florida Statutes (2015). See also §
61.30(1)(a) (mandating that the formula in subsection (ll)(b) be used “whenever any of the children are required by court order or mediation agreement to spend a substantial amount of....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9675, 1990 WL 212145
...On the other hand, the mother receives public assistance in the amount of $67 per month on behalf of the instant child, in addition to assistance received for four other children. In order to determine a support amount in compliance with the child support guidelines, section 61.30, Florida Statutes (1989), a minimum wage income was imputed to the mother....
...bined amounts of support for all the other children mothered by Mary Etta Upshaw,.... We must agree with appellants that the trial court’s reasons for varying from the guidelines amount were inappropriate and insufficient to justify the deviation. Section 61.30(l)(a) provides the following: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support.......
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 14586, 1997 WL 786736
PER CURIAM. The record in this case is insufficient to support the upward deviation from the $896.00 per month child support guideline that applies in this case. See § 61.30, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...We reverse the award of retroactive child support because the record is
silent as to whether the former husband and the former wife resided together with
the children during the period of retroactivity. See Motie v. Motie,
132 So. 3d
1210, 1214-15 (Fla. 5th DCA 2014); see also §
61.30(17), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19218, 2015 WL 9319139
...We reverse the award of retroactive child support because the record is silent *244 as to whether the former husband and the former wife resided together with the children during the period of retroactivity. See Motie v. Motie,
132 So.3d 1210, 1214-15 (Fla. 5th DCA 2014); see also §
61.30(17), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 16044, 1998 WL 889353
...by modifying their earlier agreement to this effect. Further, the mother concedes that the court erred by deducting her family plan insurance premiums from her income while at the same time requiring the father to reimburse for those premiums under section 61.30(8), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 19666, 2004 WL 2952812
...In addition, as the trial court recognized, the father anticipates receiving $50,000 as part of the sale of a former business. A court may order child support to be paid from nonrecurring income or assets only if the recurring income is not sufficient to meet the children’s needs. § 61.30(13), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 20456, 2011 WL 6373003
...We reverse the order of the trial court which denied the former husband’s request for child support for the minor child, Dakota Messier, and *796 remand for a calculation and award of child support for the period from September 2010 through the date of Dakota’s high school graduation. See § 61.30, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 19190, 2011 WL 6003301
...Subsequently, the former husband petitioned for modification, seeking a structured visitation schedule. The trial court granted the petition and entered a schedule which provided the former husband with approximately forty-eight percent of the overnights of the year, a substantial amount of time pursuant to section 61.30(ll)(b)10., Florida Statutes (2003)....
...ise of visitation. 2 On appeal, we reversed, finding the trial court erred in utilizing a historical methodology and holding the court should have reduced the child support obligation in accordance with the legislative substantial time formula under section 61.30(ll)(b)....
...child support. The former wife averred that the former husband was not exercising the visitation set out in the supplemental final judgment and that she was entitled to an award of child support that did not provide for a reduction of support under section 61.30(ll)(b)....
...The trial court found the former husband ceased exercising his visitation in June 2006. However, the court awarded retroactive child support to July 2007, the date the former wife filed her amended counter-petition seeking a modification of support. We previously held that application of section
61.30(ll)(b) is mandatory. Seiberlich v. Wolf,
859 So.2d 570, 571 (Fla. 5th DCA 2003). Florida law mandates a reduction in child support whenever the non-custodial parent spends a “substantial amount of time” with the child. §
61.30(l)(a), Fla....
...The Legislature has specifically provided that a parent’s failure to exercise court-ordered or agreed-upon time-sharing, not caused by the other parent, resulting in the adjustment of child support “shall be deemed a substantial change of circumstances ....” § 61.30(ll)(c), Fla....
...ualized facts and circumstances of these parties. At oral argument, the former wife conceded the visitation issue raised on appeal was moot. REVERSED AND REMANDED. TORPY and JACOBUS, JJ„ concur. . Effective January 1, 2011, the statute, renumbered 61.30(1 l)(b)8., was amended to provide “[flor purposes of adjusting any award of child support under this paragraph, 'substantial amount of time’ means that a parent exercises time-sharing at least 20 percent of the overnights of the year.” Ch....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 19196, 2011 WL 6017936
...etation of the parties' divorce agreement, which differed from that of the Georgia court's interpretation. We agree. As Appellant argues, the trial court should have determined the modification issue pursuant to the child support guidelines found in section 61.30, Florida Statutes. *1147 See § 61.30(1)(a), Fla....
...or in a proceeding for modification of an existing order ...."); see also Finney v. Finney,
995 So.2d 579, 581 (Fla. 1st DCA 2008) (noting that a trial court's discretion concerning child support is subject to the statutory guidelines set forth in section
61.30)....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 12240, 1992 WL 355270
...The husband’s financial affidavit, filed shortly before trial, reflects a net monthly income of $1218. Based on this affidavit and without considering any income from the wife, the child support guidelines recommend an award of $528 per month for the three children. § 61.30, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1989 Fla. App. LEXIS 7069, 1989 WL 153767
PER CURIAM. We affirm the trial court’s award of child support as to the amount, which is well within the guidelines set forth in section 61.30, Florida Statutes (1987); however, we reverse the ruling making the award retroactive to the date of the wife’s application for temporary support: the wife, by abandoning her application and accepting the husband’s voluntary child support payments, waived her right to a retroactive award....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 774, 2014 Fla. LEXIS 3779, 2014 WL 7212609
..._______ Monthly court-ordered child support actually paid for children from another relationship
25. _______Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _______
25b. from other case(s):$ _______
26. $_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25).
27....
..._______ Monthly court-ordered child support actually paid for children from another relationship
25. _______ Monthly court-ordered alimony actually paid (Add 25a and 25b)
25a. from this case: $ _________
25b. from other case(s): _________
26. $______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES
(Add lines 18 through 25).
27....
CopyPublished | Supreme Court of Florida
...____________________________________________________________________________________ SECTION IV. CHILD SUPPORT [Choose all that apply] 1. ___ Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...__ 2. The parties shall have time-sharing and parental responsibility in accordance with the Parenting Plan attached as Exhibit _____. SECTION IV. CHILD SUPPORT 1. () Mother () Father will pay child support, under Florida's child support guidelines, section 61.30, Florida Statutes, to the other parent....
...________________________________________________________________________________________ SECTION IV. CHILD SUPPORT [Choose all that apply] 1. Respondent requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...n) and has failed to do so. Based upon the time-sharing schedule, the Petitioner is entitled to child support. [Choose all that apply] 1. ____Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
..._____ *915 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (12/10) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes....
...What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes....
...___________________________________________________________________________________. SECTION III. CHILD SUPPORT [Choose all that apply] 1. ___Petitioner requests that the Court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
...____________________________ (6). ____________________________ (6). ____________________________ SECTION III. CHILD SUPPORT [Choose all that apply] 1. ___ Respondent requests that the court award child support as determined by Florida's child support guidelines, section 61.30, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 18818, 2010 WL 5018361
...and meals outside of the home, which we would note equates to more than $85 per day in food expenses for the Wife and the child. Finally, although the Wife is a stay at home mother, she claims to need $12,000 in babysitting and daycare expenses. See § 61.30(7), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 18722, 2003 WL 22901023
...oximately 50% of the time with the child. In June 2000, the trial court modified the original judgment, transferring primary custody of the child to the father. The trial court, however, made no adjustment in the amount of child support, pursuant to section 61.30(ll)(b), Florida Statutes, taking into account the equal amount of time each parent was to spend with the child....
...o alternate weekends and midweek visitation on alternate weeks. The court did not, however, modify the father’s obligation to pay child support. Initially, we conclude that Sichewski has failed to demonstrate that the trial court erred in applying section 61.30(l)(b), Florida Statutes, by fixing the child support award, after taking into account the 50-50 split-custody in effect until that time, at $500. Section 61.30(ll)(b) provides for an adjustment of child support when a child spends a “substantial amount of time with each parent.” However, although the trial court complied with this court’s mandate by reducing the amount of support, the co...
...With regard to the modification of visitation order, the trial court erred by ordering the father to continue paying the $500 child support obligation although the court reduced the percentage of the mother’s overnight visitation to approximately 30% of time. Section 61.30(ll)(b)(10), Florida Statutes, 1 which was adopted just *852 prior to father’s motion for modification of child support, provides: [f]or purposes of adjusting any award of child support under this paragraph, ‘substantial amount of ti...
...tion at least 40 percent of the overnights of the year. (emphasis added) Therefore, because the percentage of the mother’s overnight stays has been reduced to less than 40% of the year, the child support amount is not subject to modification under section 61.30(ll)(b), the provision applied by the trial court....
CopyPublished | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 12147, 1993 WL 504486
...hild support obligation. As to the first issue, we agree with appellants that the trial court erred as a matter of law in assessing appellee’s child support obligation at $10 per month, thus departing from the child support guidelines set forth in section 61.30, Florida Statutes, without making specific findings or entering a written order justifying such departure, Glover v....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 12168, 1993 WL 504498
...arrearages were due. Appellant HRS presented evidence that it had incurred administrative costs totaling $559.91. The trial court entered an order which in pertinent part modified appellee’s child support obligation to an amount in accordance with section 61.30, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11967, 1993 WL 496048
...The court ordered Thomas to pay $25.00 per week in child support, but did not order Thomas to pay arrears. HRS correctly contends the court erred in setting the amount at $25.00 per week which is less than half of the child support guidelines amount of $50.99 per week. Section 61.30, Florida Statutes (1991), provides a mathematical computation to determine a presumptive amount of child support in each case. The guidelines apply to URESA actions because section 61.30(l)(a) provides that the rules are applicable to any support action “whether the proceeding arises under this or another chapter.” Although section 61.30(l)(a) permits deviation from the guidelines if a specific finding is on record explaining why the guidelines amount would be “unjust or inappropriate,” the record in this case contains no such finding....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 8296, 1996 WL 446509
...The Department claims the hearing officer erred by deviating downwards from the child support guidelines by more than five percent, because it subtracted (in addition) a depository fee of $5.25. When combined, the total results in a six percent deviation from the guidelines. Section 61.30(1) does not permit the trial court to deviate from the child support guidelines by more than five percent, unless written reasons are given....
...ces, and that is the reason for the additional downward departure. Accordingly, we remand to permit the trial court to revise its order concerning child support consistent with this opinion. REVERSED and REMANDED. GOSHORN and GRIFFIN, JJ., concur. . Section 61.30(l)(a) provides: The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support.......
CopyPublished | Florida 4th District Court of Appeal
...private
school and for volleyball coach.
“A trial court’s denial of retroactive child support is reviewed for an
abuse of discretion.” Johnson v. Johnson,
297 So. 3d 700, 704 (Fla. 1st
DCA 2020).
4
Section
61.30(17), Florida Statutes (2020), provides:
In an initial determination of child support, ....
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 4007238, 2013 Fla. App. LEXIS 12330
...point for calculating child support or explain how the calculation was performed.” Capo v. Capo,
73 So.3d 902 , 902 (Fla. 4th DCA 2011). As our sister court in Whittingham v. Whittingham,
67 So.3d 239, 239-40 (Fla. 2d DCA 2010), succinctly stated: Section
61.30[, Florida Statutes (2012),] sets forth guidelines as to the amount of child support which should be awarded based on the monthly incomes of the parties. If a trial court awards child support which deviates more than five percent from the guidelines, it must make a written finding explaining why the guidelines amount would be inappropriate or unjust. §
61.30(l)(a)....
...make its findings as to the net income of each party, and based on those findings calculate the child support. On remand, the trial court shall recalculate the child support award and enter a new order specifying the basis for the award pursuant to section 61.30, Florida Statutes (2012). This award may be made retroactive to the date of filing of the former husband’s motion to establish child support as provided in section 61.30(17), Florida Statutes (2012)....
...In remanding this issue back to the trial court, we note that “[t]he expense of transporting the minor child for visitation *941 is a childrearing expense like any other,” which “should he shared by the parents in accordance with their financial means. The guidelines statute [§ 61.30] provides the framework for arriving at a fair and equitable child support award....
....00 to cover the transportation costs attributable to the former wife’s relocation from Monroe County to Broward County. Because the trial court did not evaluate the expense of transporting the child for visitation within the framework provided by section 61.30, Florida Statutes (2012), on this record, the trial court’s action cannot be viewed as anything “other than a de facto reduction of the child support figure.” Buckingham v....
...husband, and also did not condition the waiver on the former husband being current with his child support payments. We therefore find that the trial court erred by not structuring the transfer of the exemption in accordance with the requirements of section 61.30(ll)(a)(8), Florida Statutes (2012)....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 3843082, 2014 Fla. App. LEXIS 12028
...court’s findings). However, the child support award was not supported by
competent, substantial evidence and, therefore, we must reverse.
In making an award of child support, the trial court is required to
determine the net income of each parent pursuant to section
61.30,
Florida Statutes, and to include such findings in the final judgment. See
Deoca v. Deoca,
837 So. 2d 1137, 1138.39 (Fla. 5th DCA 2003); see also §
61.30(2) (includable income), (3) (allowable deductions), (4)−(5)
(determination of net income), Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 8190, 1993 WL 291979
...y house and that he had recently completed a drug rehabilitation program sponsored by ACT. No matter how worthy the attempt of the appellee to change and improve his life, the written reasons do not support a deviation from the statutory guidelines. Section
61.30(6), Florida Statutes (1991), is mandatory and must be followed in order to achieve stability and uniformity in the area of child support. Neal v. Meek,
591 So.2d 1044 (Fla. 1st 1991). The statute does allow deviation based upon valid reasons. See Section
61.30(10), Florida Statutes (allowing a deviation from the mandatory child support guidelines for such factors as extraordinary medical, psychological, educational or dental expenses; the age of the child; independent income of the child; and...
CopyPublished | Florida 5th District Court of Appeal
...Lastly, for all three years, it appears that the court deducted
social security, Medicare, union dues, and child support payments from the
net taxable income after applying the tax rate rather than deducting the
amounts from gross income to determine taxable income. This was error. See
§ 61.30(3), (4), Fla....
...d. We agree with Former
Husband that income calculations from 2014 to 2016 are erroneous, and
5
therefore, any retroactive child support owed should be modified according
to the correct calculations. See § 61.30(17)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 12224, 2016 WL 4446064
...Nunez was also
ordered to pay an additional $6 per month in retroactive child support. Finally, the
ALJ held that Mr. Nunez was responsible for paying 0% of the child’s noncovered
medical expenses “due to a demonstrated inability to pay. He is a ward due to bipolar
disorder.”
Section 61.30, Florida Statutes (2014), provides child support guidelines that
“presumptively establish[] the amount the trier of fact shall order as child support in
. . . [a] modification of an existing order for such support.” § 61.30(1)(a), Fla. Stat.
(2014). The amount of the basic support monthly obligation is determined by
reference to a chart provided in section 61.30(6), which calculates that obligation on
the basis of the obligor parents’ combined income and the number of children they
share. Each parent is responsible for the amount of that basic obligation that
corresponds to his or her percentage share of the combined monthly net income.
2
Section 61.30(7) provides that child care costs be added to this basic obligation.
Finally, according to section 61.30(8), noncovered medical expenses are added to
the obligation “unless these expenses have been ordered to be separately paid on a
percentage basis.” “[A]s a general rule, if noncovered medical expenses are ordered
to be separatel...
...the same percentage as the child
support allocation.’” Mayfield v. Mayfield,
103 So. 3d 968, 972 (Fla. 1st DCA
2012) (quoting Zinovoy v. Zinovoy,
50 So. 3d 763, 764–65 (Fla. 2d DCA
2010)). See also §
61.13(1)(b), Fla. Stat. (2014).
Section
61.30(1)(a), however, provides that the trial court may order payment
of child support that varies, within five percentage points, from the guideline amount
“after considering all relevant factors, including . . . the financial status and ability
of each parent,” but may depart from this five percentage point limitation “upon a
written finding explaining why ordering payment of such guideline amount would
be unjust or inappropriate.” Section
61.30(11)(a) provides grounds upon which the
trial court may so deviate, including “[a]ny other adjustment which is needed to
achieve an equitable result which may include, but not be limited to, a reasonable
and necessary existing expense or debt.” §
61.30(11)(a)11., Fla....
...1998)
(“The court is then to evaluate from the record the statutory criteria of . . . the
financial status and ability of each parent[.]”).
In the case before us, the ALJ found that both parents’ combined net monthly
income was $2,065.93. The total monthly support need was therefore $452. See §
61.30(6), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 12223, 2016 WL 4446050
...The ALJ distinguished cases imputing income to an incarcerated parent when the incarcerated parent' had committed domestic abuse. The ALJ found that the father lacked the present ability to pay current child support, declined to impute income to the father, and declined to set an initial award of child support. II. Section 61.30, Florida Statutes, sets child-support guidelines and other rules for determining a child-support obligation. In determining a parent’s income for this purpose, income can be imputed to an unemployed parent “if such unemployment ... is found by the court to be voluntary on that parent’s part .... ” § 61.30(2)(b), Fla....
...It is difficult to conclude that Jackson requires imputation of income when imputation in this circumstance was called “error.” 2 V. In summary, Jackson does not require imputation of income in this case. We find that the ALJ reasonably applied section *1271 61.30(2)(b) and did not abuse his discretion in declining to impute income to the father....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 12243
...information about his monthly income during the retroactive child support
period. See Salters,
32 So. 3d at 778-79 (requiring the Department to establish the
retroactive obligation using income information it possesses from the retroactive
period); see also §
61.30(17)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 12190, 2005 WL 1832970
PER CURIAM. Appellant, Joseph D. Hecht, appeals the circuit court’s order granting his Supplemental Petition for Modification of Child Support to the extent that the court refused to apply the substantial parenting formula provided for in section 61.30(ll)(b), Florida Statutes (2002), in calculating his child support obligation. Because we agree that the circuit court was required to apply the substantial parenting formula after finding that appellant has his three children for approximately forty percent of the overnights, we reverse. Pursuant to section 61.30(ll)(b), Florida Statutes (2002), any time a particular shared parenting arrangement provides that each child spend “a substantial amount of time with each parent,” which is defined as at least forty percent of the overnights of the year, the court shall adjust any child support award according to the statutory directives. The circuit court may deviate from the child support award calculated under the substantial parenting formula based upon considerations set forth in section 61.30(ll)(a), “as well as the custodial parent’s low income and ability to maintain the basic necessities of the home for the child, the likelihood that the noncustodial parent will actually exercise the visitation granted by the court, and whether all of the children are exercising the same shared parental arrangement.” § 61.30(ll)(b)9., Fla....
...1st DCA 2002); Migliore v. Harris,
848 So.2d 1250, 1252 (Fla. 4th DCA 2003). However, the circuit court refused to apply the formula without stating any statutorily authorized justification for deviating from a child support amount calculated pursuant to section
61.30(ll)(b)....
...Circuit courts are without authority to entirely ignore the *549 substantial parenting formula, as the court did here, and may only deviate from the amount calculated pursuant to the formula where doing so is justified by an enumerated consideration. See Migliore,
848 So.2d at 1251 (stating that the language of section
61.30(11)(b) is mandatory); Constantino v. Constantino,
823 So.2d 155, 157-58 (Fla. 4th DCA 2002) (finding that the trial court reversibly erred in failing to calculate a child support award pursuant to the formula and noting that section
61.30(11)(b) provides a presumptive award, which a trial court may deviate from in setting the final support obligation)....
...tial parenting formula is applied. Accordingly, we REVERSE the trial court’s order to the extent that it failed to apply the substantial parenting formula and REMAND the cause for recalculation of appellant’s child support obligation pursuant to section 61.30(ll)(b)....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 9905, 2000 WL 1062040
...The husband in this appeal principally challenges the trial court’s calculation of his child support obligation. The trial court added the cost of health insurance into the amount of support required but failed to credit to the husband the amount deducted from his paycheck for that insurance. See § 61.30(8), Fla....
CopyPublished | Florida 1st District Court of Appeal
...o adjust a total minimum
child support award based upon the impact of an IRS dependency
tax exemption by ordering a parent to execute a waiver of the
exemption, contingent upon the parent paying child support
being current in their support payments. § 61.30(11)(a)8., Fla.
Stat....
...1st DCA 2010).
Here, the record demonstrates that the trial court did not
abuse its discretion in ordering the dependency exemption to
alternate between the parties. However, the trial court erred
when it failed to structure the transfer of the dependency
exemptions in accordance with the language of section
61.30(11)(a)8....
CopyPublished | Florida 2nd District Court of Appeal | 2017 Fla. App. LEXIS 12360, 2017 WL 3721807
...The Department of Revenue concedes that the record does not establish
that Ms. Morejon received notice of the hearing. The Department further concedes that
the support order is not supported by competent, substantial evidence and lacks the
statutory findings required by section 61.30, Florida Statutes (2016). See § 61.30(1)(a)
("The child support guideline amount as determined by this section presumptively
establishes the amount the trier of fact shall order as child support in an initial
proceeding for such support ....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 11670, 2016 WL 4131996
...obligation, we are compelled to
reverse because the trial court's order does not set forth specific statutory findings
as to the parties' income, the basis for the modified support amount, or any
justification for a departure from the guidelines. § 61.30(1) (a), Fla....
...paid out of child support. If either the Father or the Mother files or has filed a
petition with the court to modify child support, the trial court shall expeditiously
hear the matter and include in any order rendered the necessary statutory findings
pursuant to section 61.30, Florida Statutes (2016).
Reversed and remanded with instructions.
5
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 9022, 1995 WL 504928
PER CURIAM. Janine Cortez-Williams appeals an order setting child support. She raises five issues 1 on appeal, but we need address only the first: whether the circuit court failed to make the requisite findings of fact under section 61.30, Florida Statutes (1993), to impute income to Ms. Cortez-Williams. We reverse and remand for further proceedings. “[A]ny attempt to impute income must be supported by appropriate findings, as specifically required by section 61.30, Fla.Stat....
...ild support obligation imposed; (2) whether the circuit court's child support order violates the public policy of the state of Florida; (3) whether the circuit court erred with respect to the amount of child care costs taken into account pursuant to section 61.30(7), Florida Statutes (1993); and (4) whether the circuit court erred in failing to reduce the amount of child care costs taken into account by twenty-five percent, as required by section 61.30(7), Florida Statutes (1993)....
...ent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child. § 61.30(2)(b), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 12711, 2015 WL 5023119
...Niekamp in a form and amount commensurate with his need and Ms. Niekamp's
ability to pay.
Having concluded that Mr. Niekamp was voluntarily unemployed, the trial
court imputed income to him for purposes of calculating child support under section
61.30....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 13423, 2011 WL 3760859
...*448 SILBERMAN, C.J., and CASANUEVA, J., and DAKAN, STEPHEN L., ASSOCIATE SENIOR JUDGE, Concur. NOTES [1] See Fla. R.App. P. 9.130(a)(3)(C)(iii). [2] Mr. Halawy raises a second issue which we decline to consider inasmuch as it is not within our jurisdiction at this time. [3] See § 61.30(9), (10), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...determinations contained in that order, are supported by the record, and that
the commencement date for calculating retroactive support (December 1,
2018) was proper, because it was after the parties had separated and were
no longer residing together with the child. See § 61.30(17), Fla....
...the Title IV-D Standard Parenting Time Plan when serving the Notice of
Proceeding to Establish Administrative Support Order), and further
concedes that Perez may be entitled to a deviation from his current support
obligation based upon the parenting plan. See § 61.30(11)(a)10, Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 11553, 1999 WL 641794
...instead of only two. The husband concedes error but contends that the amount sought is minimal. However, based on the trial court’s finding that the parties’ combined monthly income was $10,500, the minimum monthly guideline amount, pursuant to section 61.30(6), Florida Statutes (1995), is $2,839.50....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 9007, 1995 WL 502104
...The non-final order denying the wife’s motion for an increase in temporary child support is reversed. The husband’s existing obligation for child support deviates from the child support guidelines by more than five percent and is not supported by a specific and legally cognizable reason for a greater departure. Section 61.30(1)(a), Florida Statutes (1993) provides that the guideline amount: presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modification of an e...
...pport orders. See Burkhart v. Burkhart,
620 So.2d 225, 226 (Fla. 1st DCA 1993) (“child support guidelines ..., we conclude, are applicable to temporary support orders.”). Accordingly, we reverse the award and remand for consideration in light of section
61.30, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 3629237, 2012 Fla. App. LEXIS 14228
...scussion. The Former Wife properly concedes that the allocation of the uncovered medical expenses is in error and that the final judgment should be corrected to allocate the uncovered medical expenses in accordance with the child support guidelines. Section 61.30(8), Florida Statutes (2010), provides, in pertinent part, that “any noncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation unless these expenses have been ordered to be se...
CopyPublished | Florida 2nd District Court of Appeal
....
In all other aspects, we affirm the trial court's final judgment of
paternity.
We have carefully examined the final judgment, and the trial
court's conclusions on the issue of the Father's income are not supported
by the record as required by section 61.30, Florida Statutes (2023)....
...double counting his income, mischaracterizing gross versus net income,
and using inaccurate numbers in its calculations.
We also conclude that the trial court's imputation of income to the
Father for 2023 is not supported by competent substantial evidence in
the record. See § 61.30(2)(b) ("Monthly income shall be imputed to an
unemployed or underemployed parent if such unemployment or
underemployment is found by the court to be voluntary on that parent's
part ....
...1st DCA 2018)
("When the obligor spouse voluntarily becomes unemployed or
underemployed, the income that he or she is capable of earning may be
imputed for purposes of determining an appropriate award of support."
(quoting Smith v. Smith, 737 641, 644 (Fla. 1st DCA 1999))).
The application of section 61.30(2)(b) requires a two-step analysis:
"(1) the determination of whether the parent's [unemployment or]
underemployment was voluntary, and (2) if so, the calculation of imputed
income." Cash v....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 4483065, 2013 Fla. App. LEXIS 13451
...Former Husband asserts on appeal that the trial court erred in determining Former Wife’s net income by excluding sums of money paid by her into her 401 (k) and health savings account. Former Wife contends that her 401 (k) contributions were properly deducted as mandatory retirement payments. 1 Section 61.30(3), Florida Statutes (2011), addresses the calculation of net income for purposes of child support: Net income is obtained by subtracting allowable deductions from gross income....
...n it? A. Yeah. Uh-huh. Yeah. To get the employer contribution. Yes. Based on this testimony, it is apparent that neither the 401 (k) contribution nor the health savings account qualifies as an authorized deduction for calculation of net income under section 61.30(3), Florida Statutes (2011)....
CopyPublished | Florida 4th District Court of Appeal
...The trial court has
a duty to ensure that child support obligations are appropriate and serve
the child’s best interests because “child support is a right that belongs to
the child.” Id. (quoting Lancaster v. Lancaster,
228 So. 3d 1197, 1198 (Fla.
1st DCA 2017)).
Section
61.30, Florida Statutes (2024), sets forth the method by which
a trial court must determine the presumptive child support guideline
amount. The court must calculate each parent’s net income under section
61.30 and include adequate findings in the final judgment....
...Meres,
109 So.
677 (Fla. 1926)) (“A trial court has a duty to decide issues properly before
it.”); Armour v. McMiller,
15 So. 3d 923, 925 (Fla. 5th DCA 2009) (reversing
award of support where trial court failed to determine net income of each
parent under section
61.30 and include such findings in its judgment)....
...schedule was fundamental error because the child was the focus of the
proceedings and timesharing was at issue in the case).
We reverse the final judgment because of the lower court’s failure to
rule on child support and specify its findings in accordance with sections
61.13 and
61.30, Florida Statutes (2024), and remand for further
proceedings....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 10917, 2002 WL 1769769
...September 2002, that the wife received substantial liquid assets which may produce some income even in today’s financial market, that the husband spends substantial time with the child, and any other factors which the trial court deems proper. See § 61.30(ll)(a), (b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1995 WL 455440
...hat income. Secondly, appellant argues that the trial court erred in imputing any income at all, because the former husband, a medical doctor presently involved in a two year fellowship program, is not voluntarily underemployed within the meaning of section 61.30(2)(b), Florida Statutes (1993)....
...We hold that where a supporting parent or former spouse decides to forego a present higher salary to pursue career enhancing training and education at a lower salary, the trial court must decide whether the payor is "voluntarily underemployed," within the meaning of section 61.30(2)(b), Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 12585, 2016 WL 4431563
... We remand for the trial court to determine the amount of retroactive child support, if any,
that Appellant owes and to enter an appropriate amended final judgment specifying the
amount. Boyd v. Boyd,
168 So. 3d 302, 304 (Fla. 4th DCA 2015); see also §
61.30(17),
Fla....
CopyPublished | Florida 5th District Court of Appeal
...Father’s net monthly income as $3,608.50. This amount multiplied by twelve
months equals $43,302. Thus, as Father correctly alleges, the court based its
child support calculation on Father’s gross income instead of his net income.
This is error. See § 61.30(9), Fla....
...Because the face of the judgment shows that the court used Father’s
gross income to determine his new child support payment, we reverse the
modified payment and remand for the court to recalculate the payment using
Father’s net monthly income. See § 61.30(9), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 4056693, 2014 Fla. App. LEXIS 12681
...red because of the disparity in income between the parties, the court must first determine the amount of alimony and then, considering alimony as income, determine the amount of child support.” Pike v. Pike,
932 So.2d 229, 230 (Fla. 4th DCA 2005); §
61.30(2)(a)9., Fla....
...Christensen’s income when it calculated Mr. Christensen’s child support obligation. Moreover, the trial court also adjusted the parties’ child support obligation based on the assumption that Mrs. Christensen would exercise a substantial amount of time-sharing pursuant to section 61.30(ll)(b), Florida Statutes (2012)....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 12372, 2016 WL 4375433
...The Department of Revenue, on behalf of Deborah Lynn Shirer,
challenges a circuit court order denying its petition to establish child support for two
children against Christopher Shirer (the Father). Because the trial court failed to follow
the procedures established in section 61.30, Florida Statutes (2013), for determining the
guideline child support amount, we reverse.
I....
...2d DCA 2012).
However, where the issue relates to a trial court's application of the law, our review is de
novo. Finney v. Finney,
995 So. 2d 579, 581 (Fla. 1st DCA 2008) ("[A] trial court's
discretion concerning child support is subject to the statutory guidelines set forth in
section
61.30 ....
...Counsel answered in the negative; he explained that it would be
improper to do so, citing Wallace v. Department of Revenue ex rel. Cutter,
774 So. 2d
-4-
804, 806-07 (Fla. 2d DCA 2000) (explaining that section
61.30(11)(b), Florida Statutes
(1997),3 prohibited a court from adjusting a child support award based upon the child's
receipt of SSI)....
...in cited as a
reason for its denial of the Department's petition that "the child, T.S., receives $789.00
Social Security benefits based on his own disability. This exceeds the amount of
support that the Department proposes . . . ."
Section 61.30(11)(a)(2) prohibits a court from reducing a parent's child
support obligation based upon a child's receipt of SSI....
...adequate income through the
federal Social Security benefits to support the needs of both minor children."
C. The Effect of the Father's Mental Disability on His Ability to Pay
3
This subsection currently appears at section 61.30(11)(a)(2), Florida
Statutes (2013).
-5-
At the hearing on the Department's petition, the trial court declined to
order the Father to pay child support either currently or retroactively....
...Some Guidance on Remand
On its reconsideration of the Department's petition, the trial court must
follow the appropriate procedure for the determination of the parents' incomes. Section
-6-
61.30(2) requires the trial court to determine the guideline child support figure by
determining each parent's gross monthly income, subtracting the allowable deductions
to achieve a net income, determining the child support need from the schedules, and
multiplying the minimum child support need by each parent's percentage share. In this
case, the trial court made no calculations or findings as called for by section 61.30(2).
Because the Father did not appear, the only figures in evidence were those supplied by
the Department....
...shows that the Father was earning $2178.37 per month gross ($1413.94 net).
According to the Department, the resulting child support guideline amount of $475 was
thus the "presumptively established" amount the trial court should have ordered as child
support. See § 61.30(1)(a)....
...established by the legislature allows the trial court to decline to impute income if a
parent's history of unemployment or underemployment is the result of "physical or
mental incapacity or other circumstances over which the parent has no control."
§ 61.30(2)(b)....
...CONCLUSION
We reverse the final judgment denying the Department's petition for
modification of child support and remand for further proceedings consistent with this
opinion. On remand, the trial court shall consider the requirements of section 61.30 in
determining whether the Department has established the Father's income and ability to
earn income by competent, substantial evidence....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3537823, 2012 Fla. App. LEXIS 13619
...Following a hearing conducted by a court appointed hearing officer, the trial court entered an order setting child support. The order adopted the recommendation of the hearing officer who calculated the respective support obligations for each parent in accordance with section 61.30....
...haring arrangement, neither stipulated on the record that the child stays with appel-lee in excess of 26% of nights per year, as the stipulation indicated. While the determination of child support may consider time spent with a non-custodial parent, section 61.30(11), provides that any adjustment to the presumptive child support amount for substantial time spent with a non-custodial parent is to be made when the time with the non-custodial parent is pursuant to “a parenting plan.” A parentin...
CopyPublished | Florida 4th District Court of Appeal
...edential authority allows for such
a lump sum child support award. If the Florida Legislature intended to
permit a lump sum child support award, then perhaps the Legislature
would have included such a provision within the child support provisions
of section
61.30, Florida Statutes (2016), as it did within the alimony
provisions of section
61.08(1), Florida Statutes (2016): “In any award of
alimony, the court may order periodic payments or payments in lump sum
or both.” On remand, as the form...
...gross monthly income calculation,
because the trial court did not consider the in kind contribution for health
insurance which the former wife received from her business, and did not
include the former wife’s rental income. According to section
61.30(2)(a)13., Florida Statutes (2016), “[g]ross income shall include ....
CopyPublished | Florida 4th District Court of Appeal
...at 1041
(quoting Seilkop v. Seilkop,
575 So. 2d 269, 270 (Fla. 3d DCA 1991)). A
finding that a parent is voluntarily underemployed may also support
imputation of income if there is competent, substantial evidence of
voluntary unemployment. Id.; see also §
61.30(2)(b), Fla....
...3d 651, 656 (Fla. 4th DCA 2021).
Additionally, “[i]n determining child support, a trial court must either
follow the statutory guidelines or give reasons explaining any deviation.”
Morrow v. Frommer,
913 So. 2d 1195, 1197 (Fla. 4th DCA 2005).
Section
61.30, Florida Statutes (2023), sets forth the statutory
guidelines that a trial court must follow in determining child support.
Section
61.30(7), Florida Statutes (2023), provides:
Child care costs incurred due to employment, job search, or
education calculated to result in employment or to enhance
income of current employment of either parent shall be added
to the basic obligation....
...ter-
4
school care should have been deducted from her child support obligation,
at least to the extent the actual expenses are in line with “the level required
to provide quality care from a licensed source.” § 61.30(7), Fla. Stat.
(2023).
The trial court also erred in listing Wife’s $5,400 debt to B.P.’s school
as a nonmarital liability because after-school care is a type of “child care
cost” under section 61.30(7) when the costs are attributable to education
which will enhance the income of either parent....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 11782, 2010 WL 3186495
..., and his former wife, the appellee, Winnifred Hayde, in all respects save one. It appears from the record that the trial court may not have considered the substantial visitation awarded Mr. Hayde with respect to the minor children of this marriage. Section
61.30(11)(b), Florida Statutes (2009), requires the court to do so. Section
61.30(11)(b) provides that when a parenting plan authorizes a child to spend a "substantial" amount of time with each parent, the trial court "shall adjust any award of child support" in accordance with a formula set forth in the statute. The requirement of the statute is mandatory. See Cheverie v. Cheverie,
898 So.2d 1028, 1029 (Fla. 5th DCA 2005); Seiberlich v. Wolf,
859 So.2d 570 (Fla. 5th DCA 2003). Section
61.30(11)(b)8....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 8039, 1991 WL 152945
...This order plainly represents a departure from the essential requirements of the law as established in, among many other cases, Bravemnan v. Braverman,
549 So.2d 750 (Fla. 3d DCA 1989), and Young v. Young,
456 So.2d 1282 (Fla. 3d DCA 1984). Contrary to the trial judge’s view, the subsequent enactment of section
61.30(12), Florida Statutes (1989), 1 does not change the result....
...reme court. Haven Fed. Sav. & *807 Loan Ass’n v. Kirian,
579 So.2d 730 (Fla.1991); Cozine v. Tullo,
394 So.2d 115 (Fla.1981); Markert v. Johnston,
367 So.2d 1003 (Fla.1978). Accordingly, the order under review is quashed. Certiorari granted. . Section
61.30(12) provides as follows: Every petition for child support or for modification of child support shall be accompanied by an affidavit which shows the party’s income, allowable deductions, and net income computed in accordance with this section....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 8001, 1994 WL 419599
...rt’s determination, the trial court’s finding that the parties waived the right is erroneous. Moreover, child support may not be contracted away. Gammon v. Cobb,
335 So.2d 261 (Fla.1976); Bush v. Bush,
590 So.2d 531 (Fla. 5th DCA 1991). Finally, section
61.30(1)(a) establishes a presumptive amount of child support to be ordered by the trial court based upon the child support guidelines....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 11710, 2010 WL 3155015
...The final judgment made no adjustment in the award of child support to the husband in consideration of the wife's expenses associated with her teenage daughter. More important, it contains nothing to suggest that the trial court even considered the effect of the older child. Section 61.30(11), Florida Statutes (2005), contains no specific method for the resolution of this issue, but the case law provides that the trial court has discretion to consider this factor and can abuse its discretion if it fails to adjust child support to reflect the impact of this factor under some circumstances....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 13426, 2006 WL 2347740
...es have raised a number of issues, only one of which has merit. In her cross-appeal in case number 03-3523, Ms. Bland contends that the trial court erred by failing to consider child care expenses when it fashioned the child support award. We agree. Section 61.30(7), Florida Statutes (2002), mandates that child care costs incurred due to a parent’s employment or job search be adjusted and included in the child support calculation....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 11758, 2004 WL 1778953
...inancial affidavit. In addition, the husband’s financial affidavit includes a $1000 deduction for child support to the children from his first marriage; the record demonstrates this debt is not being paid, and therefore, is not a proper deduction. § 61.30(3)(f), Fla....
...Of course, upon consideration of the husband financial affidavits, in light of the improper deductions considered above, the court will revisit the child support award. In so doing, we offer the following guidance: Any child support award must allow for the child’s special needs. § 61.30(ll)(a), Fla....
...ide for the child’s needs. On remand, the court shall make a retroactive child support award and order the husband to pay any child support ar-rearage, and his portion of the child’s outstanding medical expense arrearages that the wife incurred. § 61.30(17), Fla....
CopyPublished | Florida 1st District Court of Appeal
...(father) monthly child support obligation. We reverse because the
monthly support obligation, after accounting for Mr. Johnson’s
other monthly child support obligations, appears either to have
been miscalculated or left erroneously unexplained under
§ 61.30(1)(a), Florida Statutes.
Mr....
....
Johnson’s $720 per month child support payment for other
biological children when they were not court-ordered obligations.
Mr. Johnson paid child support for his other children more-or-less
voluntarily. We recognize the Department’s point that § 61.30(3)(f)
only provides for subtracting “[c]ourt-ordered” support for other
children from a party’s gross income in calculating a party’s net
income. However, the statute gives the trier of fact discretion to
adjust a child support award to achieve an equitable result on
account of a party’s reasonable and necessary existing expenses or
debts. See § 61.30(11)(a)11., Fla....
...Rather, under those circumstances, the $900 support
payment amount would still be more than five percent below the
calculated guideline amount. Deviations from the guidelines of
more than five percent require additional findings “explaining why
ordering payment of such guideline amount would be unjust or
inappropriate.” § 61.30(1)(a), Fla....
...On remand, the ALJ should provide calculation details
supporting his method of figuring the guideline-based amount of
Mr. Johnson’s obligation. And if the ALJ decides to deviate by
greater than five percent from the guideline amount, he should
explain why the guideline amount is unjust or inappropriate. See
§ 61.30(1)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...reasonably expended for the other child(ren)’s support. See Speed,
749 So. 2d at 510–11; Smith,
716 So. 2d at 334–35; Flanagan v.
Flanagan,
673 So. 2d 894 (Fla. 2d DCA 1996).
The Smith/Speed credit is not a deduction from the obligor’s
gross income because section
61.30(3)(f), Florida Statutes, only
allows for a deduction of “[c]ourt-ordered support for other children
which is actually paid.” Instead, the credit is an equitable
adjustment under section
61.30(11)(a)11., Florida Statutes, which
allows the trial court (or, here, the ALJ) to make “[a]ny other
adjustment [to the guideline support amount] that is needed to
achieve an equitable result.” See Ogando v. Munoz,
962 So. 2d 957,
959–60 (Fla. 3d DCA 2007) (“Although the Father is not entitled
to a deduction from gross income for the support he provides to his
other three children, section
61.30(11)(a)(11), Florida Statutes,
(2006), allows a court to ‘adjust the minimum child support award,
or either or both parents’ share of the minimum child support
award ....
...2d DCA 2005) (“While
the obligation to support children not subject to any prior support
action is not an allowable deduction from gross income, in some
circumstances it is a matter that can be considered as grounds for
a deviation under other provisions of section 61.30.”); Joye v....
CopyPublished | Florida 1st District Court of Appeal
...reasonably expended for the other child(ren)’s support. See Speed,
749 So. 2d at 510–11; Smith,
716 So. 2d at 334–35; Flanagan v.
Flanagan,
673 So. 2d 894 (Fla. 2d DCA 1996).
The Smith/Speed credit is not a deduction from the obligor’s
gross income because section
61.30(3)(f), Florida Statutes, only
allows for a deduction of “[c]ourt-ordered support for other children
which is actually paid.” Instead, the credit is an equitable
adjustment under section
61.30(11)(a)11., Florida Statutes, which
allows the trial court (or, here, the ALJ) to make “[a]ny other
adjustment [to the guideline support amount] that is needed to
achieve an equitable result.” See Ogando v. Munoz,
962 So. 2d 957,
959–60 (Fla. 3d DCA 2007) (“Although the Father is not entitled
to a deduction from gross income for the support he provides to his
other three children, section
61.30(11)(a)(11), Florida Statutes,
(2006), allows a court to ‘adjust the minimum child support award,
or either or both parents’ share of the minimum child support
award ....
...2d DCA 2005) (“While
the obligation to support children not subject to any prior support
action is not an allowable deduction from gross income, in some
circumstances it is a matter that can be considered as grounds for
a deviation under other provisions of section 61.30.”); Joye v....
CopyPublished | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 5921, 1990 WL 114698
...Although the guidelines may be used as a starting point in determining child support, they do not apply in a situation such as this where the parties’ combined annual income exceeds $50,000. Hinshelwood v. Hinshelwood,
564 So.2d 141 (Fla. 5th DCA 1990) (Sharp, J., concurring specially); §
61.30(1)(b)2, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1813, 1989 Fla. App. LEXIS 2912, 1989 WL 86415
...We find no reversible error in the court’s order with regard to the amount needed for child care and for the special medical needs of the child, who has cystic fibrosis. We reach a different conclusion with regard to the trial court’s order setting the father’s share of the total child *802 support need. Subparagraph 61.30(2)(a)3., Florida Statutes (1987), “Child Support Guidelines”, provides that business income shall be included in setting child support amounts....
...the father will pay. 1 ’ 2 Appellant contends that the trial court erred in allowing appellee a deduction for payroll deductions for a credit union debt and for a garnishment relating to another debt. The trial court had discretion under paragraph 61.30(10)(i), Florida Statutes, to make “[a]ny other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.” Construing the record in the light most...
...Even if that were not so, there should not be a material difference in the award if the parties’ net income is slightly over, rather than slightly under, the $50,000 maximum on the guideline schedule. . The trial court does, of course, have discretion to make equitable adjustments to either or both parent’s share. § 61.30(10), Fla.Stat. (1987). The analysis should begin, however, with a corrected percentage computation. See id. § 61.30(8)....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2881, 2009 WL 928489
...We write only to address this point as we are unpersuaded by father's other argument on appeal. A child support obligation is within the discretion of the trial court but is subject to the statutory requirements and the reasonableness test. Kareff v. Kareff,
943 So.2d 890, 892 (Fla. 4th DCA 2006). Section
61.30(2)(a)(3), Florida Statutes, provides that gross income shall include: Business income from sources such as self-employment, partnership, close corporations, and independent contracts....
CopyPublished | Florida 4th District Court of Appeal | 1998 WL 158824
...On the main appeal, we affirm the denial of appellant's petition to become the primary residential parent and also the increase in appellant's child support obligation because the trial court did not abuse its discretion. See Dinkel v. Dinkel,
322 So.2d 22 (Fla.1975); §
61.30(b), Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 3270, 1994 WL 114763
...Boulder County, Department of Social Services,
494 So.2d 1126 (Fla.1986); see also State, Department of Health and Rehabilitative Services v. Davis,
616 So.2d 1207 (Fla. 2d DCA 1993). The child support guidelines are presumptively the proper amount to be ordered for the support of a minor child. §
61.30(l)(a), Fla.Stat. (1991). The court must make a specific finding on the record when it orders child support in an amount different from the guidelines amount. §
61.30(l)(a), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 4166, 2000 WL 353967
...t obligation would be $271.75 per month. However, the trial court also found that Hodge did not have the ability to pay any child support. Florida law establishes a presumptive amount of child support the trial court should order a party to pay. See § 61.30, Fla....
CopyPublished | Florida 4th District Court of Appeal
...etermining
temporary support, just as they are for final support orders. Elias v. Elias,
168 So. 3d 301, 301 (Fla. 4th DCA 2015) (citations omitted).
The guidelines first require the trial court to calculate the parties’ gross
monthly incomes. §
61.30(2), Fla. Stat. (2022). Net monthly income for
each parent is then determined by subtracting statutory deductions from
gross income. §
61.30(3)-(4), Fla....
...After arriving at a combined
net monthly income, and applying that figure to the guidelines schedule,
the trial court determines each parent’s percentage share of the child
support need “by dividing each parent’s net monthly income by the
combined net monthly income.” § 61.30(9), Fla....
CopyPublished | District Court of Appeal of Florida
support. Compare §
61.08, Fla. Stat. (2021), with §
61.30(3), Fla. Stat. (2021). The court has discretion
CopyPublished | Florida 5th District Court of Appeal
calculating the retroactive child support award. Section
61.30(2)(a)9., Florida Statutes (2014), defines gross
CopyPublished | Florida 5th District Court of Appeal
calculating the retroactive child support award. Section
61.30(2)(a)9., Florida Statutes (2014), defines gross
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 4961, 2006 WL 862876
...We reverse the judgment of dissolution for an apparent error in computing child support due to the extent of the father’s visitation, which is well in excess of forty percent. On remand, the trial court shall re-calculate child support by applying section 61.30(ll)(b), rather than 61.30(ll)(a)(10), Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...1996).
2
The father makes two arguments on appeal. First, he claims that the
ALJ erred in attributing deposits in business checking accounts to him as
income, because business income should be calculated as gross receipts
minus ordinary and necessary expenses. See § 61.30(2)(a)3., Fla....
CopyPublished | Florida 1st District Court of Appeal
...guidelines worksheet, attached as an exhibit to the final
5
judgment, were incorrect. * The parties also agree that equal
allocation of the children’s medical and dental expenses not
covered by insurance violated section 61.30(8), Florida Statutes
(2017)....
...The imputation
of income to Former Wife is addressed and affirmed above as it
pertains to the alimony award. Given that a separate statute
governs imputation of income for child support, we also affirm
the trial court’s imputation of income to the Former Wife in
calculating child support. See § 61.30(2)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...riod that precedes the child’s birth. Having
reviewed the order, however, we find Wilcox’s contention is without merit.
We first note that the child was born on September 22, 2016, and the
petition was filed on February 7, 2018. Under section 61.30(17), Florida Statutes
(2018),1 a court has the discretion to award retroactive child support up to 24
months prior to the date of the filing of the petition....
...l of clarity, we find that on the face of
the order, retroactive child support was awarded only from the date of the child’s
birth (September 22, 2016) to the date of the filing of the petition (February 7,
2018), a period of time authorized by section 61.30(17).
Affirmed.
4
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 6240, 2015 WL 1929184
...And service
must be accomplished "within 45 days of service of the initial pleading on the
respondent." Fla. Fam. L. R. P. 12.285(b)(2). Rule 12.285(f)(1) provides a continuing
duty to supplement financial affidavits when there is a material change in financial
circumstances. For its part, section 61.30(14), Florida Statutes (2013), provides that the
respondent in child support modification proceedings "shall include his or her affidavit
with the answer to the petition or as soon thereafter as is practicable, but in any case at
least 72 hours prior to any hearing on the finances of either party."
The Former Wife does not dispute that she failed to comply with rule
12.285 and section 61.30(14) by providing her financial affidavit the day before the final
hearing....
...2d DCA 1996).
Second, the Former Husband argues that the trial court erred in including
the children's private school tuition as a component on the child support guidelines
worksheets. He argues that the consideration of tuition is not permitted under section
61.30. He also argues that the tuition may not be considered because it was not
considered in the 2012 guidelines calculations.
-6-
In his argument regarding section 61.30, the Former Husband asserts that
the only costs authorized to be added to the basic support calculation are child care and
health care costs. See § 61.30(7), (8). However, section 61.30(11)(a)(11) provides that
the court can also make "[a]ny other adjustment that is needed to achieve an equitable
result which may include, but not be limited to, a reasonable and necessary existing
expense or debt." And courts have lo...
CopyPublished | Florida 4th District Court of Appeal
...Watson, Judge; L.T. Case No. FMCE 08-
013285 (42/96).
Pamela Jo Bondi, Attorney General, and William H. Branch, Assistant
Attorney General, Child Support Enforcement, Tallahassee, for appellant.
No brief filed for appellee.
PER CURIAM.
Affirmed. See § 61.30 (11)(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...ence presented by Former Husband
that, during the retroactive time period, he made payments to Former Wife
and to third parties, for the benefit of the minor children, totaling $88,267.29,
but was not credited for same in the final judgment.5 See § 61.30(17), Fla.
Stat....
CopyPublished | Florida 6th District Court of Appeal
...oactive child support obligations, the
trial court properly used the parties’ net monthly incomes for the four periods at issue
and correctly applied the appropriate statutory formula to obtain Former Husband’s
minimum support obligation. See § 61.30(6)–(10), Fla....
...For the first two periods, the
trial court took an extra step that the law does not permit. It subtracted Former
1
This is how trial courts typically exercise their discretion to determine the
starting date for retroactive support payments, although section 61.30(11)(c)
provides an exception....
...by the chancellor, which is
amply supported by the record . . . .”).
2
The trial court did not adjust Former Husband’s minimum obligation further
because it did not award him a “substantial amount of time” with his children. See
§ 61.30(11)(b)8.
3
Husband’s minimum child support obligation from Former Wife’s and identified the
resulting difference as Former Husband’s required monthly child support payment.
It then multipl...
...And Former
Husband challenged the trial court’s arrearages calculations in his motion for
rehearing.
We reverse and remand for the trial court to correct Former Husband’s
retroactive child support obligations from June 2020 to December 2022, using the
formula delineated in section 61.30....
CopyPublished | Florida 1st District Court of Appeal
...sharing
with, and one who lives primarily with him.”
We also find that the child support calculation amount
improperly accounted for the alimony award. In calculating income
for child support purposes, alimony must be included as income.
See §
61.30(2)(a)(9), Fla. Stat.; Christensen v. Christensen,
147 So.
3d 118, 119 (Fla. 1st DCA 2014). The spousal support amounts
should also have been deducted from Appellant’s income.
§
61.30(3)(g), Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 2874, 1990 WL 49861
...We affirm the trial court’s award of child support. While the trial court erred in failing to include amounts which were being paid from a trust for the wife’s and the children’s living expenses in the wife’s income for purposes of calculating child support obligations, see section 61.30(2), Florida Statutes (1989), we cannot say that the court abused its discretion under the facts of this case in the ultimate amount awarded for the support of the three children....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 4114, 1996 WL 194423
...Beal (Beal) was ordered in March 1992 to pay child support of $176 monthly for his two children. The children’s mother petitioned for modification. The trial judge, after a May 31, 1995 modification hearing, increased Beal’s child support obligation to $300 monthly. The Florida Department of Revenue 1 appeals. Section 61.30, Florida Statutes (1995), in relevant part provides: Child support guidelines.— (l)(a) The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child suppor...
CopyPublished | Florida 4th District Court of Appeal
...e and by allocating the full
costs of transportation and supervision to the Father. The court’s finding
that the Father was willfully underemployed has not been appealed.
“Where a finding of voluntary unemployment or underemployment is
made, section
61.30(2)(b) states that the trial court is to determine the
parent’s employment potential and probable earnings ‘based upon his or
her recent work history, occupational qualifications, and prevailing
earnings level in the community.’” Broga v. Broga,
166 So. 3d 183, 186
(Fla. 1st DCA 2015) (quoting §
61.30(2)(b), Fla....
...On remand, the trial court is to hold an evidentiary hearing
to determine the Father’s earning potential in Charlotte, as opposed to
imputing income based on the Father’s prior wages in Florida.
The trial court also erred by using the Father’s gross income instead of
his net income. See § 61.30(9), Fla....
...(2019) (“Each parent’s percentage
share of the child support need shall be determined by dividing each
parent’s net monthly income by the combined net monthly income.”); see
also Ondrejack v. Ondrejack,
839 So. 2d 867, 871 (Fla. 4th DCA 2003)
(“Section
61.30(9), Florida Statutes, provides the statutory formula which
must be used to determine each parent’s actual dollar share.”)....
...ation.
“[T]he court has discretion to award child support retroactive to the
date when the parents did not reside together in the same household with
the child, not to exceed a period of 24 months preceding the filing of the
petition. . . .” § 61.30(17), Fla....
...Smith v. Smith,
872 So. 2d 397, 399 (Fla. 1st
4
DCA 2004) (citing Bardin v. State,
720 So. 2d 609, 611-12 (Fla. 1st DCA
1998)). The obligor parent is entitled to credit for any payments that would
qualify under section
61.30(17)(b), Florida Statutes (2019), that occurred
during the retroactive support period....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 1423911, 2017 Fla. App. LEXIS 5534
...to earn an income. When release occurs, the court should establish a payment plan to reduce arrearages according to his earning ability, setting a payment plan.”). Conversely, in Llamas,
196 So.3d at 1270-71 , the First District found that neither section
61.30(2)(b), Florida Statutes, nor Jackson require or permit the imputation of income to an incarcerated parent when the incarceration results in a present inability to pay child support....
...Although in most instances a parent without the ability to pay will not be ordered to pay child support, the child support guidelines allow for imputation of income if the evidence demonstrates that the obligor’s “unemployment or underemployment is voluntary.” § 61.30(2)(b), Fla....
...1989) (“[A]n able-bodied person who stops working, as an exercise of .personal preference or as a result of punishment for an intentional criminal act, nonetheless retains the ability to earn and the duty to support his or her children.”). We do not think that section 61.30 was intended to operate as a shield tó avoid having an initial support obligation established while the parent is incarcerated....
...Absent the imposition of an initial support obligation while he is incarcerated, the trial court would be precluded from awarding child support for the period of his incarceration if Mother was required to file the petition after his release. See, e.g., § 61.30(17), Fla....
...rceration. See Larwa v. Dep't of Rev. ex rel. Roush,
169 So.3d 1285, 1285 (Fla. 5th DCA 2015) ("Generally, a parent's child-support obligation ceases when the child turns eighteen."); Campagna v. Cope,
971 So.2d 243, 249 (Fla. 2d DCA 2008) (limiting section
61.30(17) petition for retroactive child support to "those months within the preceding twenty-four months when the child was a minor”).
CopyPublished | Florida 1st District Court of Appeal
...Administrative Paternity and Support Order, where the
Department requested that Appellee be required to pay
retroactive child support for the period beginning twenty-four
months before Appellee was served with notice of the paternity
proceeding, the maximum amount allowed by section 61.30(17),
Florida Statutes....
...nity
proceeding . . . should be the operative date for administrative
proceedings in which the Department uses the bifurcated
procedure in section
409.256(4).” Dep’t of Revenue ex rel. Sorto v.
LaGree,
106 So. 3d 534, 537 (Fla. 1st DCA 2013). “Section
61.30(17), as well, supports using the service date of the notice of
paternity proceeding to determine the retroactive period.” Id....
CopyPublished | Florida 4th District Court of Appeal
...Mullins of GrayRobinson, P.A., Boca Raton, for appellant.
Jaclyn R. Soroka and Kayla C. Di Scala of Rudolph & Associates, LLC,
West Palm Beach, for appellee.
WARNER, J.
Appellant (“the mother”) appeals the trial court’s order dismissing her
petition for child support. We reverse. Section 61.30(17), Florida Statutes
(2021), permits the trial court in an initial determination of child support
to award support from the time of the award, retroactive up to twenty-four
months prior to the filing of the petition for support....
...y
child support. The court also found the mother lacked standing to pursue
child support retroactive to 2019, when the child moved in with the
mother, because the court measured the twenty-four-month period for
retroactive child support permitted by section 61.30(17), Florida Statutes
(2021), from the date of the father’s original petition for paternity and not
from the mother’s petition....
...for the time prior to filing the
petition, from May 2019 to January 2021, as well as the time after filing
the petition until the child turned eighteen, because no child support order
had been entered before the child’s emancipation, and based on section
61.30(17), Florida Statutes (2021)....
...ld was a minor, even if the child
has since attained majority. We conclude Lawrence does not preclude the
mother’s standing to move for retroactive child support for a period prior
to the child’s emancipation.
The trial court also found that section 61.30(17) did not provide the
mother with standing because the child was emancipated....
...te when the
parents did not reside together in the same household with
the child, not to exceed a period of 24 months preceding
the filing of the petition, regardless of whether that date
precedes the filing of the petition.
§ 61.30(17), Fla....
...The language of this
subsection “indicates an all encompassing public welfare intent that
children be supported.” Bellville v. Bellville,
763 So. 2d 1076, 1078 (Fla.
4th DCA 1999).
3
Campagna v. Cope,
971 So. 2d 243 (Fla. 2d DCA 2008), guides section
61.30(17)’s interpretation....
...for a child, including retroactive child support, once a child had turned
eighteen and was no longer a minor. Id. at 247.
Campagna concluded that the mother had standing, despite the
children reaching the age of majority:
We conclude that in light of section 61.30(17), if a child has
turned eighteen but a parent resided with and supported the
child before the child turned eighteen, the parent maintains his
or her standing to recover the other parent’s share of any
suppor...
...4th
DCA 2017), is consistent with Campagna. In Garcia-Lawson, we affirmed
the trial court’s finding that the former wife lacked standing to bring a
claim for retroactive child support for the first time over three years after
the child’s eighteenth birthday. Id. at 138. Pursuant to section 61.30(17),
the trial court had discretion in “an initial determination of child support”
to award retroactive support where the parents did not reside together for
4
a period “not to exceed ....
...The petition in Garcia-Lawson was filed three years after the child had
reached majority age, thus the child was not a minor for any portion of the
twenty-four months preceding the petition. Id.; see also, Dep’t of Revenue
v. E.P.,
373 So. 3d 395, 398 (Fla. 2d DCA 2023) (reaffirming Campagna
and, based on section
61.30(17), determining that the DOAH had the
authority to award retroactive child support for the twenty-four months
prior to the child support petition’s filing, where the child had already
turned eighteen but had resided with, and had been supported by, the
parent before turning eighteen).
Applying Campagna and Garcia-Lawson, we conclude that section
61.30(17) provides standing for the mother to seek child support for the
twenty-four months prior to the filing of the petition, as the minor child
was not emancipated....
...3d DCA
2004)) (“A trial court abuses its discretion when it fails to award retroactive
support from the date of the filing of a petition for dissolution of marriage
where there is a need for child support and an ability to pay.”).
The trial court also rejected section 61.30(17)’s application to the
mother’s petition because the court concluded that the statute’s reference
to “the petition,” from which the twenty-four-month retroactive period
should be calculated, had meant the father’s original...
...Neither the settlement
agreement nor the final judgment referred to child support. Thus, the
mother’s petition was the first child support request.
5
The statute allows for retroactive child support in an “initial
determination of child support.” See § 61.30(17), Fla....
...While the mother could not seek child support for her daughter for the
time period after her daughter’s emancipation, we hold that the mother
had standing to seek child support for the period between the filing of the
petition and the daughter’s emancipation. Further, pursuant to section
61.30(17), the mother had standing to seek retroactive child support for
twenty-four months prior to the filing of her petition, although she must
prove her entitlement....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 5240, 2004 WL 813165
...be done — the court remade the Agreement. Because there was no agreement by the parties as to the amount of child support in the event the home was prematurely sold, the modification should have been determined based upon the ehild support guidelines in section 61.30, Florida Statutes (2002)....
CopyPublished | Florida 4th District Court of Appeal
...support order; to the date of filing of the initial petition for
dissolution of marriage, initial petition for support, initial
petition determining paternity, or supplemental petition for
modification; or to a date prescribed in paragraph (1)(a) or s.
61.30(11)(c) or (17), as applicable.
(emphasis added.) Section 61.30(17), Florida Statutes (2016) provides:
(17) In an initial determination of child support, whether in a
paternity action, dissolution of marriage action, or petition for
support during the marriage, the court has discr...
...The court did err, however, in failing to give credit to appellant for
amounts he paid to appellee for the children’s benefits during the entire
retroactive period. It concluded that because appellant was paying routine
marital expenses, he should get no credit. Section 61.30(17)(b), Florida
Statutes requires the court to consider all actual payments made to the
other parent for the benefit of the child....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 3867
...child support obligation. Here, contrary to the plain language of the statute, the child support calculations reflected in the final judgment did not take into account the alimony award paid by the former husband and received by the former wife. See § 61.30(2)(a)9, (3)(g), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Where a parent’s underemployment is voluntary, “the
employment potential and probable earnings level of the parent shall be
determined based upon his or her recent work history, occupational
qualifications, and prevailing earnings level in the community if such
information is available.” § 61.30(2)(b), Fla....
...1st DCA
5
2015). Moreover, “income may not be imputed at a level which the former
spouse has never earned, absent special circumstances.” Stein v. Stein,
701
So. 2d 381, 381 (Fla. 4th DCA 1997); see also §
61.30(2)(b)2.b.; Tutt v.
Hudson, 299 So....
...Thus, the trial court’s reliance on that fact to impute
income is not supported by the evidence. Second, any calculation as to
amount of imputed income must consider evidence of the “prevailing
earnings level in the community.” Gillespie v. Holdsworth,
333 So. 3d 278,
280 (Fla. 2d DCA 2022) (quoting §
61.30(2)(b))....
...made findings in the final judgment as to each party’s gross income only, not
net income, and failed to file a child support guidelines worksheet with its
final judgment. The statutory child support guidelines are applied to the
parties’ combined net income. § 61.30(6), Fla....
...The trial court
is required to make adequate findings as to each party’s net income in the
final judgment. Garcia v. Espinosa,
314 So. 3d 619, 624 (Fla. 3d DCA 2021)
(“The trial court must determine the net income of each parent pursuant to
section
61.30, and it must include these findings in the final judgment.”); Van
Exter v. Diodonet-Molina,
152 So. 3d 699, 701 (Fla. 3d DCA 2014) (“The trial
court must determine the net income of each parent pursuant to section
7
61.30, Florida Statutes, and include the findings in the final judgment.”)....
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 3207, 1991 WL 50595
...In the final judgment, the court found that Tanner was unable to pay child support because he was incarcerated. The final judgment also provides that, without notice or hearing, an order would be entered after Tanner’s release requiring him to pay child support in an amount commensurate with section 61.30, Florida Statutes....
...Tanner is entitled to a hearing on that issue, so we vacate that portion of the order that reads, “An order shall thereafter be entered without notice or hearing obligating Respondent to pay child suuport [sic] to Petitioner in an amount commensurate with Section 61.30 Fla.Stat.” Except for that portion of the final judgment, we affirm....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 4531, 2011 WL 1197663
...The parties have one child who is now eight years of age. The Husband was ordered to pay the Wife $330.99 per month in child support. However, the trial court erroneously computed this amount based on the parties’ gross incomes, rather than their net incomes. See § 61.30(9), Fla....
