Legal Question in Family Law in Florida

Re: Child Support rates

I am not sure whether you are writing from Florida or California. If Florida, your question is controlled by Florida Statute. Many factors go into the determination of child support including court ordered child support for other children. The text of the statute follows in several parts:

61.30 Child support guidelines; retroactive child support. -

(1)(a) The child support guideline amount as determined by this

section presumptively establishes the amount the trier of fact shall

order as child support in an initial proceeding for such support or in a

proceeding for modification of an existing order for such support, whether

the proceeding arises under this or another chapter. The trier of fact

may order payment of child support which varies, plus or minus 5

percent, from the guideline amount, after considering all relevant

factors, including the needs of the child or children, age, station in

life, standard of living, and the financial status and ability of each

parent. The trier of fact may order payment of child support in an amount

which varies more than 5 percent from such guideline amount only upon a

written finding explaining why ordering payment of such guideline amount

would be unjust or inappropriate. Notwithstanding the variance

limitations of this section, the trier of fact shall order payment of

child support which varies from the guideline amount as provided in

paragraph (11)(b) whenever any of the children are required by court order

or mediation agreement to spend a substantial amount of time with the

primary and secondary residential parents. This requirement applies to any

living arrangement, whether temporary or permanent.

(b) The guidelines may provide the basis for proving a substantial

change in circumstances upon which a modification of an existing order

may be granted. However, the difference between the existing monthly

obligation and the amount provided for under the guidelines shall be at

least 15 percent or $50, whichever amount is greater, before the court

may find that the guidelines provide a substantial change in

circumstances.

(c) In Title IV-D cases reviewed pursuant to the 3-year review

and adjustment cycle, no change of circumstance need be proven to

warrant a modification.

(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:

Re: Child Support rates

Part 2.

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.

(b) Income on a monthly basis shall be imputed to an unemployed or

underemployed parent when such employment or underemployment is found to

be voluntary on that parent's part, absent physical or mental incapacity

or other circumstances over which the parent has no control. In the event

of such voluntary unemployment or underemployment, the employment

potential and probable earnings level of the parent shall be determined

based upon his or her recent work history, occupational qualifications,

and prevailing earnings level in the community; however, the court may

refuse to impute income to a primary residential parent if the court

finds it necessary for the parent to stay home with the child.

(c) Public assistance as defined in s. 409.2554 shall be excluded from

gross income.

(3) Allowable deductions from gross income shall include:

(a) Federal, state, and local income tax deductions, adjusted

for actual filing status and allowable dependents and income tax

liabilities.

(b) Federal insurance contributions or self-employment tax.

(c) Mandatory union dues.

(d) Mandatory retirement payments.

(e) Health insurance payments, excluding payments for coverage

of the minor child.

(f) Court-ordered support for other children which is actually

paid.

(g) Spousal support paid pursuant to a court order from a previous

marriage or the marriage before the court.

(4) Net income for the obligor and net income for the obligee

shall be computed by subtracting allowable deductions from gross

income.

See Part 3.

Re: Child Support rates

Part 3.

(5) Net income for the obligor and net income for the obligee

shall be added together for a combined net income.

(6) The following schedules shall be applied to the combined net

income to determine the minimum child support need:

NOTE: For the actual chart you will have to review Florida Statutes. I am sorry but I could not get the chart to properly align in this reply.

Scott R. Jay, Esq., 305-249-8000

Re: Child Support rates

Child support is based on a formula approved by the legislature. It is incorporated into a computer program called "Dissomaster." Among other variables, your other children are taken into account.