How Fort Lauderdale Courts Calculate Income For Child Support

If you are going through a child custody case in Fort Lauderdale, child support is likely one of your biggest concerns. One of the first questions parents often ask is: What exactly counts as income when the court calculates support? The answer may surprise you.

Florida law casts a wide net, and understanding what gets included can make a significant difference in what you pay or receive. Our experienced Fort Lauderdale child support attorney explains what the court considers income under Florida law.

How Florida Law Defines Income for Child Support Purposes

Section 61.30 of the Florida Statutes provides guidelines for calculating child support in Broward County. The court considers each parent’s monthly gross income, but that definition extends well beyond a regular paycheck.

The Florida Department of Revenue advises that the goal is to ensure both parents provide financial support for their children, in proportion to their actual ability to pay. Gross income for child support purposes includes, but is not limited to:

• Wages, salaries, and bonuses from any employer, including overtime pay and commissions.
• Self-employment and business income, minus the ordinary and necessary expenses.
• Rental income, deducting ordinary and necessary expenses incurred in maintaining the rental property.
• Investment income, including dividends, interest, and capital gains, is included in the calculation regardless of how regularly it is received.
• Spousal support received from a previous marriage.
• Workers’ compensation, disability benefits, and unemployment.

Florida courts look at the full picture of each parent’s financial resources, not just their take-home pay from a primary job.

How Being Unemployed or Underemployed Impacts Fort Lauderdale Child Support Payments

If you suspect the other parent is working less than they are capable of to reduce their child support obligation, Florida law has a remedy for that.

A Broward County family court judge can impute income when a parent voluntarily leaves a job or is underemployed. Other factors to consider include:

• The court may assign an amount based on what that parent could reasonably earn given their education, work history, and the local job market.
• A judge may decline to impute income if the parent needs to stay home to care for the child who is the subject of the support calculation.
• If a parent is unemployed and receives public assistance, those payments don’t count as income for child support purposes.
• Any significant changes in income can trigger a support modification.

To get the total amount of child support you are entitled to, document your own income accurately, question any inconsistencies in your co-parent’s financial disclosures, and get professional legal help.

Request a Consultation Today With An Experienced Fort Lauderdale Child Support Attorney

In Broward County child support cases, getting the income calculation right plays a significant role in protecting your financial security and your child’s well-being. At The Law Office of Sandra Bonfiglio, P.A., we provide the trusted, local legal representation Broward County parents need in legal proceedings. Reach out today to request a consultation with our experienced Fort Lauderdale child support attorney.

Source:

flsenate.gov/Laws/Statutes/2024/61.30