Presentation on theme: "ExampleObligor’s Net Income Obligee’s Net Income No. of KidsNo. of Overnights Support Amount 1$3,000.00$1,000.0020 73 92 $966.00 $1,062.60 $961.95 2$6,000.00$1,000.0020."— Presentation transcript:
ExampleObligor’s Net Income Obligee’s Net Income No. of KidsNo. of Overnights Support Amount 1$3,000.00$1, $ $1, $ $6,000.00$1, $1, $1, $1, $5,000.00$2, $1, $1, $1,345.61
61.30(1)(a) 5% deviation Consider needs, age, station in life, standard of living, financial status and all relevant factors. No written findings (maybe) Cash v. Cash, 38 Fla. L. Weekly D2016 (Fla. 2d DCA September 27 th, 2013)
Breaking the 5% cap
Imputation of Income recent work history occupational qualifications prevailing earnings in community employment potential & probable earnings level
Census Bureau Imputation MEDIAN HOUSEHOLD INCOME, $47,309
Who is entitled to the Exemption?
The Exemption Game More Exemptions, More Net Income Less Exemptions, Less Net Income
Add this number back to Net Income
Deducting Health Insurance Fla. Stat (3)(e)
Alimony Deduction 61.30(3)(g)
P E A C E Parental Responsibility Equitable Distribution Alimony Child Support Everything else
Fla. Stat (3)(b). 15.3% on first $117,000 of net income. 2.9% of net in excess of $117,000.
Mandatory Retirement payments 61.30(3)(d)
Child Care Cost’s that don’t qualifyChild Care Cost’s that do qualify Enhance Child’s Social SkillsDue to parent’s employment Enhance Child’s EducationDue to parent’s job search Enhance Child’s Motor SkillsChild care due to education calculated to result in employment or enhance current employment.
Fla. Stat. §61.13(1)(b) provides in pertinent part that orders for support “shall contain a provision for health insurance for the minor child when health insurance is reasonable in cost and accessible to the child.” REASONABLE IN COST & ACCESSIBLE
2013 Version (b) Whenever a particular parenting plan provides 2014 Version (b) Whenever a particular parenting plan, a court-ordered time-sharing schedule, or a time- sharing arrangement exercised by agreement of the parties FLA. STAT (11)(B).
Department of Revenue v. Smith, 716 So. 2d 333 (Fla. 2d DCA 1998) Option 1 subtract the reasonable expense for the “first child’s support” Option 2 subtract “the amount of child support that [obligor] would have been required to pay pursuant to the child support guidelines for [his or her]...older children
Department of Revenue v. Martinez, 744 So. 2d 580 (Fla. 2d DCA 1999) 3 rd option: Round up all the kids as if part of one family, calculate support and then divide by amount of kids.
What about subsequently born children? Speed v. Dep’t of Revenue, 749 So. 2d 510 (Fla. 2d DCA 1999)
Retroactive Back to date of seperation or (24) Months prior to Petition, whichever is shorter Ongoing Typically untill child's 18th Birthday. Can be extended by agreemennt or via FL. Stat. §743.07
Protecting Child Support Award Fla. Stat. §61.13(1)(c) and states “[t]o the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose.”
Wallace v. Dep’t of Revenue ex rel. Cutter, 774 So.2d 804 (Fla. 2d DCA 2000)
Interest on Child Support? From date due through Arrearage Judgment Interest on Judgment
STATUS QUO TEMPORARY DOMESTIC RELATIONS ORDER, WITH OR WITHOUT MINOR CHILDREN “should make voluntary payments of child support to the other parent, prior to entry of an order requiring payment of child support.”