Support Question

[huntersmommy06]

What is the name of your state? Florida

My husband and I have not gone to court as of yet for child support. He has been paying a set amount (by him) of $75.00 per week. According to the calculator, he should only be paying $50 per week based on his current income. He had just received a large sum of money from a W/C Injury settlement a few months back and under Florida Law, which is considered income. My husband did not report this money on his financial affidavit and said he will not do so because Federal Law supercedes Florida Law and the money is not considered income as it is not taxable per his attorney. My attorney says different. According to the calculator, this will increase support significantly. He has offered to pay me a weekly amount of $100 per week if I drop the request for alimony, which is still less than what he would have to pay if he reported the settlement money. Is he correct regarding Federal and State Laws? Thanks in advance!

 

[LdiJ]

What is the name of your state? Florida

My husband and I have not gone to court as of yet for child support. He has been paying a set amount (by him) of $75.00 per week. According to the calculator, he should only be paying $50 per week based on his current income. He had just received a large sum of money from a W/C Injury settlement a few months back and under Florida Law, which is considered income. My husband did not report this money on his financial affidavit and said he will not do so because Federal Law supercedes Florida Law and the money is not considered income as it is not taxable per his attorney. My attorney says different. According to the calculator, this will increase support significantly. He has offered to pay me a weekly amount of $100 per week if I drop the request for alimony, which is still less than what he would have to pay if he reported the settlement money. Is he correct regarding Federal and State Laws? Thanks in advance!

The workers comp amount is a settlement for an injury he suffered. Its not something that he is going to get on a yearly basis. It would not be equitable (in my opinion) for a judge to include it in a child support calculation.

 

[huntersmommy06]

The workers comp amount is a settlement for an injury he suffered. Its not something that he is going to get on a yearly basis. It would not be equitable (in my opinion) for a judge to include it in a child support calculation.

I would normally be inclined to agree with that, however when I pulled this up, it raised a few questions. Please view number 2 (a) 4 and 5

The 2004 Florida Statutes

CHAPTER 61

DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY

PART I

GENERAL PROVISIONS (ss. 61.001-61.45)

PART II

UNIFORM CHILD CUSTODY JURISDICTION
AND ENFORCEMENT ACT (ss. 61.501-61.542)

PART I

GENERAL PROVISIONS



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.
14. Gains derived from dealings in property, unless the gain is nonrecurring

 

[winn dixie]

I found this...dont know if it will help..........

Are child support awards unpredictable?

The enactment of child support guidelines was an attempt to do away with arbitrariness. All guidelines start with the parent's ability to pay. This ability to pay is usually determined by the parent's actual income or other earnings, as would be reported to the IRS. This can include, but not limited, capital gains, stock and bond earnings, commission, bonuses, and interest.

Here is an example of how a state may define "Gross Income":

Determination of the Gross Income of the Parents:

NOTE: Terms such as "Gross Income" and "Adjusted Gross Income" as used in these guidelines do not have the same meaning as when they are used for tax purposes.

a. Gross income includes income from any source, and may include, but is not limited to, income from salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits (subject to Section 24), worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, and spousal maintenance. Cash value shall be assigned to in-kind or other non-cash benefits. Seasonal or fluctuating income shall be annualized. Income from any source, which is not continuing or recurring in nature need not necessarily be deemed gross income for child support purposes. It is generally not expected that a parent will earn income greater than what would be earned from full- time employment.

http://web.ask.com/redir?u=http://tm.wc.ask.com/r?t%

 

[huntersmommy06]

That does make more sense, thank you Winn Dixie for the post.