Legal Question in Family Law in Florida
My 26 year old daughter lives with me while she is a full time nursing student and working a part time job. She shares custody of her two daughters. The fathers attorney is saying she has additional income of 1500/month because she lives with me rent free. Is this true?
2 Answers from Attorneys
Hello--Well, that's a new one for me! I do not believe the court will consider that as "income". Perhaps the IRS may for tax purposes (I even doubt that)...but under Fla. Stat. sec. 61.30, it is not income. The atty may try to classify it as "in kind pymts" under p. (2)(a) 13--but this is not an exchange of goods or services. I believe it is a stretch by the atty. Also, if a judge was considering that as income, then she should put down an amount for rent under her "expenses"...thus her needs may increase (although, ch. supp. is primarily based on income).Hope this helps.
Tom R.
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