florida child support guidelines

What is the name of your state? Florida

I have been unable to find specifics on how to calculate parent's income for child support modification.

My ex wants to average the last 5 years. I feel that last years W2's are more accurate.

Anyone know what the law is?

There are no specifics. The courts will assign an income that they feel (notice how I didn't say IS?) just. Usually this is the ammount that they made at their last job. Don't forget that if she had a job that pays tips you should consider these too.

Florida can input income if they find the parent is voluntarily underemployed. In my case in florida....my ex was not working (well he was employed part time at a restaraunt). But for the previous few years he had a job and made a certain amount of money consistantly. The judge said he was not working to his potential and inputed income. they took an average of what he had made the past 3 years and used that figure for child support computations.
A couple years later he tried to tkae me back for a reduction on the grounds that he still was making whjat he used to make....well the judge said "sorry son yu choose not to, and that just doesn't cut the turkey".....and his request was denied.

jscarol said:

What is the name of your state? Florida

I have been unable to find specifics on how to calculate parent's income for child support modification.

My ex wants to average the last 5 years. I feel that last years W2's are more accurate.

Anyone know what the law is?

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When my husband did his modifications he was told of several ways to calculate income:

If income from last year is approx. to what is expected for this year- last years W2s can be used. Take total and divide by 12 to get monthly gross income- do same with taxes withheld.

If income this year is expected to be different than last- use normal weekly REGULAR pay, calculate monthly amount..Then calculate the amount of expected overtime per month add together.

You are correct, if he has the same job, then using last year's W2s will be more accurate.

Gracie3787 said:

You are correct, if he has the same job, then using last year's W2s will be more accurate.

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Maybe, maybe not. I get salary against commission. My industry is very interest rate sensitive. An average is far more representative of what happens than a single year might be. (my dad's business was the same, up and down, we NEVER planned spending based on "up" years) We trend up AND down. I always plan my spending and budget on far less that last years income. I use no more than 70% when I decide what debt (mortgage, car payments, vacation planning,
discretionary purchases) I can afford to assume. I'd NEVER budget based on a single "up" year - because that income level may not be sustainable. If my clients are doing poorly - they have less business to send me, and I earn less commissions.

Some industries DON"T always perform the same year after year, some yo-yo.

Gracie3787 said:

You are correct, if he has the same job, then using last year's W2s will be more accurate.

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Mot correct in this case:
The obligor was making a wage rate close to minimum wage last year but;
1) They now have a college degree or
2) They had a college degree but were working far below their earning potential or
3) They have been working the same job for jears. This would in some cases cause their income to increase as they work up the ladder or
4) They work off commission or
5) They work off of tips.

I am sure there are others but I just gave some examples.

Ex received an exceptionally high bonus (1/4 of yearly salary) and this is why the average method is preferred by him.

With the original child support agreement, he refused to claim his bonuses.

Now that we are modifying, he has said he is not going to pay an amount based on his bonuses.

Can he do that?? Just pick a slimmer year and go with that?

I have my own business and my earnings vary as well.

jscarol said:

Ex received an exceptionally high bonus (1/4 of yearly salary) and this is why the average method is preferred by him.

With the original child support agreement, he refused to claim his bonuses.

Now that we are modifying, he has said he is not going to pay an amount based on his bonuses.

Can he do that?? Just pick a slimmer year and go with that?

I have my own business and my earnings vary as well.

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It is not the parent that decides what type of income to impute. They have no say in the matter. The courts decide this. If you 2 can agree on the amount (which you can't) then it might be different. The courts will take the bonus thing into consideration but if it is not a yearly thing then it will probably be spread out pretty good. If you are trying to have it modified just to stake some type of claim in the bonus that he got I wouldn't even bother that it probably long gone by now. Ecpecially if he is current with all of his support and such.

he has said he is not going to pay an amount based on his bonuses

This is not a choice that he can make.

jscarol said:

What is the name of your state? Florida

I have been unable to find specifics on how to calculate parent's income for child support modification.

My ex wants to average the last 5 years. I feel that last years W2's are more accurate.

Anyone know what the law is?

Click to expand...

Yes, you are correct. In your financial affidavit form you are only required to provide the last years IRS forms (W-2, K-1 and 1099).

In the county that you reside in please go to their website and look for form- Instructions for Florida Family Law Rules of Procedure Form 12.902e, Child Support Guidelines Worksheet. This will help you to understand procedure and will help you calculate support amount and decide if you need to request a deviation from the guidelines.

newguyhere said:

he has said he is not going to pay an amount based on his bonuses

This is not a choice that he can make.

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newguy is correct:
61.30 Child support guidelines
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. Salary or wages.

2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

3. 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.

4. Disability benefits.

5. All workers' compensation benefits and settlements.

6. Unemployment compensation.

7. Pension, retirement, or annuity payments.

8. Social security benefits.

9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

10. Interest and dividends.

11. Rental income, which is gross receipts minus ordinary and necessary expenses required 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.