Transcript Document

Example
Obligor’s Net
Income
Obligee’s Net
Income
No. of Kids
No. of
Overnights
Support
Amount
1
$3,000.00
$1,000.00
2
0
73
92
$966.00
$1,062.60
$961.95
2
$6,000.00
$1,000.00
2
0
73
105
$1,615.63
$1,857.95
$1,609.97
3
$5,000.00
$2,000.00
2
0
73
87
$1,346.46
$1,454.18
$1,345.61
61.30(1)(a)
5% deviation
Consider needs, age, station in life, standard of
living, financial status and all relevant factors.
No written findings (maybe)
Cash v. Cash, 38 Fla. L. Weekly D2016 (Fla. 2d
th
DCA September 27 , 2013)
Breaking the 5% cap
Imputation of Income
employment
potential &
probable
earnings level
occupational
qualifications
prevailing
earnings in
community
recent work
history
Census Bureau Imputation
MEDIAN HOUSEHOLD INCOME, 2008 -2012 $47,309
Who is entitled to
the Exemption?
The Exemption Game
More Exemptions,
More Net Income
Less Exemptions,
Less Net Income
Add this number back to Net Income
Deducting Health Insurance
Fla. Stat. 61.30(3)(e)
Alimony Deduction
61.30(3)(g)
PEACE
Parental Responsibility
Equitable Distribution
Alimony
Child Support
Everything else
Fla. Stat.
61.30(3)(b).
15.3% on first $117,000
of net income.
2.9% of net in excess of
$117,000.
Mandatory Retirement payments
61.30(3)(d)
Child Care Cost’s that don’t qualify Child Care Cost’s that do qualify
Enhance Child’s Social Skills
Due to parent’s employment
Enhance Child’s Education
Due to parent’s job search
Enhance Child’s Motor Skills
Child care due to education
calculated to result in employment
or enhance current employment.
Fla. Stat. §61.13(1)(b) provides in pertinent part that orders for support
“shall contain a provision for health insurance for the minor child when
health insurance is reasonable in cost and accessible to the child.”
REASONABLE IN
COST
&
ACCESSIBLE
2013 Version
(b) Whenever a particular parenting plan provides
2014 Version
(b) Whenever a particular parenting plan, a courtordered time-sharing schedule, or a time-sharing
arrangement exercised by agreement of the parties
FLA. STAT 61.30 (11)(B).
Overnights
One Overnight per Week
Two Overnights per Week
Three Overnights per Week
One Overnight Week A (&)
Two Overnights Week B
One Overnight Week A (&)
Three Overnights Week B
One Overnight Week A (&)
Four Overnights Week B
One Overnight Week A (&)
Five Overnights Week B
One Overnight Week A (&)
Six Overnights Week B
Two Overnights Week A (&)
Three Overnights Week B
Two Overnights Week A (&)
Four Overnights Week B
Two Overnights Week A (&)
Five Overnights Week B
Three Overnights Week A (&)
Four Overnights Week B
1
Days
52
104
156
78
Split
Spring 1
Split
Summer3
Average
Days
Average
Percentage
+25
+15
+5
+20
84.5
123.5
162.5
104
23%
34%
45%
29%
+3
+15
123.75
34%
104
+2.5
+1.5
+.5
+1.5 thru
+2.5
+.5 thru +2.5
130
-0.5 thru +2.5
+2
+10
143.25
39%
156
-1.5 thru +2.5
+1
+5
162.5
45%
182.5
-2.5 thru +2.5
0
0
182.5
50%
130
+0.5 thru +1.5
+2
+10
143
39%
156
-0.5 thru +1.5
+1
+5
162.5
45%
182.5
-1.5 thru +1.5
0
0
182.5
50%
182.5
-0.5 thru +0.5
0
0
182.5
50%
Figure is based on a seven (7) day spring break.
Figure is based on a fourteen (14) day winter break.
3
Figure is based on a ten (10) week summer break.
2
Split
Winter
2
+5
+3
+1
+4
Other Children
Department of Revenue v. Smith, 716 So. 2d 333 (Fla. 2d DCA 1998)
Option 1
subtract the reasonable expense for the “first
child’s support”
Option 2
subtract “the amount of child support that
[obligor] would have been required to pay
pursuant to the child support guidelines for [his
or her] . . .older children
Department of Revenue v. Martinez,
744 So. 2d 580 (Fla. 2d DCA 1999)
3rd option:
Round up all the kids as if
part of one family,
calculate support and
then divide by amount of
kids.
What about subsequently born children?
Speed v. Dep’t of Revenue,
749 So. 2d 510 (Fla. 2d
DCA 1999)
Retroactive
Ongoing
Back to date of seperation
or (24) Months prior to
Petition, whichever is
shorter
Typically untill child's 18th
Birthday. Can be extended
by agreemennt or via FL.
Stat. §743.07
Protecting Child Support Award
Fla. Stat. §61.13(1)(c) and states
“[t]o the extent necessary to
protect an award of child
support, the court may order the
obligor to purchase or maintain a
life insurance policy or a bond, or
to otherwise secure the child
support award with any other
assets which may be suitable for
that purpose.”
Wallace v. Dep’t of Revenue ex rel. Cutter,
774 So.2d 804 (Fla. 2d DCA 2000)
Interest on Child Support?
From date due through
Arrearage Judgment
Interest on Judgment
STATUS QUO TEMPORARY DOMESTIC RELATIONS ORDER,
WITH OR WITHOUT MINOR CHILDREN
“should make
voluntary payments of
child support to the
other parent, prior to
entry of an order
requiring payment of
child support.”