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 07392

$966.00$1,062.60$961.95

2 $6,000.00 $1,000.00 2 073105

$1,615.63$1,857.95$1,609.97

3 $5,000.00 $2,000.00 2 07387

$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 DCA September 27th, 2013)

Breaking the 5% cap

Imputation of Income

recent work history

occupational qualifications

prevailing earnings in community

employment potential &

probable earnings level

Census Bureau ImputationMEDIAN 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 InsuranceFla. Stat. 61.30(3)(e)

Alimony Deduction61.30(3)(g)

P E A C E 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

court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement

of the partiesFLA. STAT 61.30 (11)(B).

1 Figure is based on a seven (7) day spring break. 2 Figure is based on a fourteen (14) day winter break. 3 Figure is based on a ten (10) week summer break.

Overnights Days Split Spring 1

Split Winter

2

Split Summer3

Average Days

Average Percentage

One Overnight per Week 52 +2.5 +5 +25 84.5 23% Two Overnights per Week 104 +1.5 +3 +15 123.5 34% Three Overnights per Week 156 +.5 +1 +5 162.5 45% One Overnight Week A (&) Two Overnights Week B

78 +1.5 thru +2.5

+4 +20 104 29%

One Overnight Week A (&) Three Overnights Week B

104 +.5 thru +2.5 +3 +15 123.75 34%

One Overnight Week A (&) Four Overnights Week B

130 -0.5 thru +2.5 +2 +10 143.25 39%

One Overnight Week A (&) Five Overnights Week B

156 -1.5 thru +2.5 +1 +5 162.5 45%

One Overnight Week A (&) Six Overnights Week B

182.5 -2.5 thru +2.5 0 0 182.5 50%

Two Overnights Week A (&) Three Overnights Week B

130 +0.5 thru +1.5 +2 +10 143 39%

Two Overnights Week A (&) Four Overnights Week B

156 -0.5 thru +1.5 +1 +5 162.5 45%

Two Overnights Week A (&) Five Overnights Week B

182.5 -1.5 thru +1.5 0 0 182.5 50%

Three Overnights Week A (&) Four Overnights Week B

182.5 -0.5 thru +0.5 0 0 182.5 50%

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)

RetroactiveBack to date of seperation

or (24) Months prior to Petition,

whichever is shorter

OngoingTypically 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.”