How Does a Court Calculate the Amount of Child Support in a Divorce?
By: Brusca Law
Florida Courts use the guidelines set forth in our statute, Florida Statute 61.30. The calculation of child support is based on the net income of both of the parents, and it is adjusted based on certain costs of the parties and the child, which include: health insurance costs for the parents and the child, daycare costs, union dues, mandatory retirement payments, and costs for special needs of the children.
Deviating from Child Support Guidelines
The Court may deviate from the statutory guidelines by 5% up or down, without making specific findings. If the child support will deviate from the statutory guidelines in an amount more than 5%, the Court must make specific findings to support that amount and you may have to have a separate hearing on this deviation. Your attorney may also have to file a Motion to Deviate from Child Support Guidelines, and tell the Court why the amount should deviate from the statutory guidelines.
Do Overnights Have an Impact on Child Support?
The short answer is, yes they do. Child support cannot be calculated without knowing the number of overnights the child will have with one parent or the other. Typically, child support is paid to the parent with whom the child spends the majority of overnights, but this is not always the case. Although child support is based on a formula, it is important for your family law attorney to run several versions of the child support guidelines to ensure the guideline amount is correct. Review the child support guidelines with your attorney prior to any Mediation, Hearing, or Trial. You should be intimately familiar with the child support guideline worksheets as child support may change as your children get older.
Call Brusca Law to Learn More
Calculating the correct amount of child support in your divorce case is complicated, and should be done by an experienced attorney. Retroactive child support can be particularly complicated, and you should hire an attorney that has experience with these calculations. Call Brusca Law today at 407-501-6564 to schedule a free consultation to learn more about child support and how to calculate it properly.