Did you know? Family Law Question
Mark Avera
We received a question this week by a person who wanted to know how some of the support guidelines work that are found in the dissolution of marriage statutes.
We often
receive calls from people who are contemplating a divorce but are really unsure
of what the financial obligations are and how they come into play.
Many of you are aware that Florida has child support guidelines to assist
parents, attorneys, and the court system in determining the amount of child
support owed by an obligating party. In our years of handling family law
matters, we are reminded in most cases that guidelines are just that,
guidelines. Given the same set of facts and two attorneys making calculations,
often times the results can be very different. There are many reasons for this.
The child support guidelines are calculated based upon net income, or a net
income earning capacity. Generally, overtime is included in income. However, if
the overtime is unusual, it should not be to be included in income. Income from
second jobs may also be included. However, there are exceptions to this also.
Deductions from gross income to determine net income is also subjective. Net
income is loosely defined as mandatory deductions from income (such as income
taxes) and an accommodation for health insurance premiums actually paid by the
parent.
Parties are required to complete financial affidavits so that child support can
be calculated. Unfortunately, many times we see financial affidavits that are
inaccurate or incomplete. We prefer to use actual financial records. The
financial records speak for themselves and lend themselves to accurate
financial affidavits.
While the child support guidelines is formula based, the resulting calculation
is only as accurate as the information applied. We recommend you speak to an
attorney who handles family law cases before a child support order is finalized
by the court. Alternatively, please check our website at www.avera.com or call
to schedule a conference with our family law attorney.
Mark A. Avera
Avera & Smith, LLP
2814 SW 13th
St.
Gainesville, FL 32608
Telefax: 352-375-2526
Telephone: 352-372-9999
Email: mav...@avera.com
Web Page: www.avera.com
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