What Is Considered Income For Child Support Purposes?
In order for a Florida court to make a fair determination on how much child support a parent should pay, the court must first assess the income of both parents. This is important because Florida’s Child Support Guidelines are largely based on income.
Florida Law On Income For Child Support PurposesSection 61.30 of The 2017 Florida Statutes highlights that, broadly speaking, nearly any source of income can be considered income for the purposes of child support. The statute expressly indicates that income for child support purposes can include the following forms of income:
Salary and wages
Net rental income
Trusts and estates
Overtime and tips
Workers' compensation and/or unemployment benefits
The Florida law also makes it clear that just because a form of income is not explicitly mentioned in the statute does not mean the court cannot view it as income for the purposes of child support. Florida courts have broad discretion when determining whether income can be treated as income for the purposes of child support.
Deductions Can Lower Child Support ObligationsParents can lower their child support obligations based on allowable deductions. In Florida, these deductions are as follows:
Federal, state and local income tax deductions
Income tax liabilities
Required retirement payments
Payments for health insurance
Note that parents are not allowed to deduct costs related to already existing court-ordered child support and/or spousal support.
Once Florida courts have determined a parent's income and subtract relevant and allowed deductions, the court will then determine the child's minimum need based on the total net income of both parents.
The Florida Child Support guidelines advise that the court is to calculate a parent's child support obligation based on how much each parent makes in relation to the combined net monthly income of both parents.
If you have any questions or concerns about how your income may be calculated for child support purposes, contact The McKinney Law Group for a legal consultation.