When completing the child support worksheet for my divorce what is my spouse net income. Is it the gross minus the taxes only or the gross minus the taxes and health insurance being paid for the family?
There is a part on the form that says additional support health insurance etc. Thats why im asking ...so what do i put for the actual net income?
spouse havent filed an affidavit .. can i use the tax return to calculat his net income.... also what is the net should i minus the health insurance too from the gross?
Criminal Defense Attorney
I am not well versed in Family law, but it would appear that Florida Statute 61.30 has your answer. See: http://www.flsenate.gov/Laws/Statutes/2010/61.30
It says ;
(3) Net income is obtained by subtracting allowable deductions from gross income. Allowable deductions shall include:
(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
(b) Federal insurance contributions or self-employment tax.
(c) Mandatory union dues.
(d) Mandatory retirement payments.
***(e) Health insurance payments, excluding payments for coverage of the minor child.***
(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.
Hope that helps. Good luck.
Zonald Spinks, Esq. Phone: (813) 413-5352 Fax: (813) 658-5893 Twitter: @ZonaldLaw Skype: Zonaldlaw Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.
Family Law Attorney
"Net income" means the net income calculated from the Florida Financial Affidavit Worksheet, Form 12.902(b) or (c), depending on the party's income level. Assuming your spouse has properly and truthfully complied with the requirements of discovery, your spouse should have filed that form after signing it under oath, and you should be able to pull the number right off your spouse's affidavit. If your spouse hasn't filed the financial affidavit, you'll either have to file a Motion to Compel or you'll have to subpoena your spouse's work or you'll have to give it your best guess. You should go the latter route only if your absolutely have to. I'm in your area, so call or email me if you have questions or need my help.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
Family Law Attorney
gross minus taxes and health insurance that he actually pays