What is Income for the Purposes of Child Support (fla. stat 61.13)
Child support in Florida is mandatory, whether the parents have been married and are getting a divorce, have lived together and are separating, or have never lived together longer than to create a child. Family law in Florida is very conscientious regarding the care and nurturing of minor children and stands by the phrase “in the best interest of the child.” It goes without saying that it costs money to raise a child from birth to l8 years and beyond if the child has special needs and cannot care or provide for themself independently. In Florida Statute 61:13, which you can read in its entirety online, the guidelines for what income will be used to set the amount of child support. Here is a brief summary of what you will find in Florida Statute 61:13 regarding income for the purpose of child support:
Income, as defined in Black’s Law Dictionary, is “The return in money from one’s business, labor, or capital invested; gains, profits, or private revenue.” Almost all sources of income are considered a source to set the amount of child support. These sources can include, but are not limited to:
- Wages and salaries
- Tips
- Overtime
- Bonuses
- Commissions
- Allowances
- Expense reimbursements
- Workmen’s compensation
- Disability payments
- Unemployment compensation
- Social security benefits except payments given when one parent is absent
- Net rental income
- Unless a one-time sale, the dividends received from buying and selling property
- Income from estates, trusts, and royalties
- Pensions
- Retirement and annuity payments
- Interest and dividends
- Court-ordered spousal support
If a party, by voluntary choice, is unemployed or underemployed a judge can determine imputed income. Imputed income is income based on the parent’s probable earnings level and employment potential.
Before making the final determination of income, a net income for the purposes of setting child support will be formulated and take into consideration:
- Court-ordered child support for other children
- Court-ordered spousal support from another or current marriage
- Parents filing status and allowable dependents which determine the federal, state, and local income tax
- Medicare and social security withholdings
- Health insurance except for payments for minor child’s insurance
- Mandatory retirement payments
- Mandatory union dues
If you will be in the position to be paying or receiving child support, it is wise to seek the counsel of a Family Law attorney. Grant Gisondo is a Family Law attorney serving Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Hillsborough, and Orange Counties for over a decade. Attorney Gisondo encourages people to seek advice, and so offers a free, initial, in-office consultation where he will answer questions and share how he can help. You can call his office at (561) 530-4568 for an appointment. His office hours are Monday through Friday from 9:00 AM to 5:00 PM and, for new clients, on Saturday from 8:30 AM to 1:00 PM.
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