FL CS Calc Quest and Alimony

[newwifefl]

What is the name of your state? FL

Hi All,

Another question since I get such great advice here. This question is actually for a friend and co-worker. He has a child from a previous marriage on which he pays CS. He is also recently getting divorced after a second marriage of 10 yrs. He is going to have to pay significant alimony to his second wife. The CP is requesting a child support mod since he makes much more income now. Will the Alimony be a deductible expense before CS is calculated or does it not count since it came about after the CS? Thanks in advance.

 

[Zephyr]

What is the name of your state? FL

Hi All,

Another question since I get such great advice here. This question is actually for a friend and co-worker. He has a child from a previous marriage on which he pays CS. He is also recently getting divorced after a second marriage of 10 yrs. He is going to have to pay significant alimony to his second wife. The CP is requesting a child support mod since he makes much more income now. Will the Alimony be a deductible expense before CS is calculated or does it not count since it came about after the CS? Thanks in advance.

I am not sure- but I would think the cs would come off the top and the alimony would be based on what is left, has cp already filed for the mod?

 

[TinkerBelleLuvr]

Calculating child support in Florida.

Child support is calculated using Florida Statute 61.30. First, each parent's net income is determined. "Net income" is defined as gross income minus allowable deductions.

"Gross income" includes the following:

Salary or wages.
Bonuses, commissions, allowances, overtime, tips, and other similar payments.
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.
Disability benefits.
All workers' compensation benefits and settlements.
Unemployment compensation.
Pension, retirement, or annuity payments.
Social security benefits.
Spousal support received from a previous marriage or court ordered in the marriage before the court.
Interest and dividends.
Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
Income from royalties, trusts, or estates.
Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
Gains derived from dealings in property, unless the gain is nonrecurring.


Allowable deductions from gross income include:

Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
Federal insurance contributions or self-employment tax.
Mandatory union dues.
Mandatory retirement payments.
Health insurance payments, excluding payments for coverage of the minor child.
Court-ordered support for other children which is actually paid.
Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.
Both parents' net income is added together and the basic child support obligation is determined using the chart found in the Florida Child Support Guidelines Worksheet. You can access the Florida Child Support Guidelines Worksheet here (in PDF format). Find the combined net monthly income of the parents and go across the column to find the number of minor, dependent children to find the basic child support obligation.



Florida child support laws regarding child care and health insurance.
The amount paid for health insurance premiums for the child, as well as 75% of day care or child care costs incurred because of work or school can then be added to the minimum child support obligation.