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) For each support order reviewed by the
department as required by s. 409.2564(11), if the amount of the child support award under the
order differs by at least 10 percent but not less than $25 from the amount that
would be awarded under s. 61.30, the department shall seek to have the order modified and
any modification shall be made without a requirement for proof or showing of a
change in circumstances.
(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:
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.
(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:
|
Combined Monthly Available Income |
Child
or Children |
|
|||||
|
One |
Two |
Three |
Four |
Five |
Six |
||
|
650.00 |
74 |
75 |
75 |
76 |
77 |
78 |
|
|
700.00 |
119 |
120 |
121 |
123 |
124 |
125 |
|
|
750.00 |
164 |
166 |
167 |
169 |
171 |
173 |
|
|
800.00 |
190 |
211 |
213 |
216 |
218 |
220 |
|
|
850.00 |
202 |
257 |
259 |
262 |
265 |
268 |
|
|
900.00 |
213 |
302 |
305 |
309 |
312 |
315 |
|
|
950.00 |
224 |
347 |
351 |
355 |
359 |
363 |
|
|
1000.00 |
235 |
365 |
397 |
402 |
406 |
410 |
|
|
1050.00 |
246 |
382 |
443 |
448 |
453 |
458 |
|
|
1100.00 |
258 |
400 |
489 |
495 |
500 |
505 |
|
|
1150.00 |
269 |
417 |
522 |
541 |
547 |
553 |
|
|
1200.00 |
280 |
435 |
544 |
588 |
594 |
600 |
|
|
1250.00 |
290 |
451 |
565 |
634 |
641 |
648 |
|
|
1300.00 |
300 |
467 |
584 |
659 |
688 |
695 |
|
|
1350.00 |
310 |
482 |
603 |
681 |
735 |
743 |
|
|
1400.00 |
320 |
498 |
623 |
702 |
765 |
790 |
|
|
1450.00 |
330 |
513 |
642 |
724 |
789 |
838 |
|
|
1500.00 |
340 |
529 |
662 |
746 |
813 |
869 |
|
|
1550.00 |
350 |
544 |
681 |
768 |
836 |
895 |
|
|
1600.00 |
360 |
560 |
701 |
790 |
860 |
920 |
|
|
1650.00 |
370 |
575 |
720 |
812 |
884 |
945 |
|
|
1700.00 |
380 |
591 |
740 |
833 |
907 |
971 |
|
|
1750.00 |
390 |
606 |
759 |
855 |
931 |
996 |
|
|
1800.00 |
400 |
622 |
779 |
877 |
955 |
1022 |
|
|
1850.00 |
410 |
638 |
798 |
900 |
979 |
1048 |
|
|
1900.00 |
421 |
654 |
818 |
923 |
1004 |
1074 |
|
|
1950.00 |
431 |
670 |
839 |
946 |
1029 |
1101 |
|
|
2000.00 |
442 |
686 |
859 |
968 |
1054 |
1128 |
|
|
2050.00 |
452 |
702 |
879 |
991 |
1079 |
1154 |
|
|
2100.00 |
463 |
718 |
899 |
1014 |
1104 |
1181 |
|
|
2150.00 |
473 |
734 |
919 |
1037 |
1129 |
1207 |
|
|
2200.00 |
484 |
751 |
940 |
1060 |
1154 |
1234 |
|
|
2250.00 |
494 |
767 |
960 |
1082 |
1179 |
1261 |
|
|
2300.00 |
505 |
783 |
980 |
1105 |
1204 |
1287 |
|
|
2350.00 |
515 |
799 |
1000 |
1128 |
1229 |
1314 |
|
|
2400.00 |
526 |
815 |
1020 |
1151 |
1254 |
1340 |
|
|
2450.00 |
536 |
831 |
1041 |
1174 |
1279 |
| |