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2013 Florida Statutes

F.S. 61.30
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 either parent. 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 this section, 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 each parent as follows:
(a) Gross income shall include, but is not limited to, the following:
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. Reemployment assistance or 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) Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of 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 if such information is available. If the information concerning a parent’s income is unavailable, a parent fails to participate in a child support proceeding, or a parent fails to supply adequate financial information in a child support proceeding, income shall be automatically imputed to the parent and there is a rebuttable presumption that the parent has income equivalent to the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census. However, the court may refuse to impute income to a parent if the court finds it necessary for that parent to stay home with the child who is the subject of a child support calculation or as set forth below:
1. In order for the court to impute income at an amount other than the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the Census, the court must make specific findings of fact consistent with the requirements of this paragraph. The party seeking to impute income has the burden to present competent, substantial evidence that:
a. The unemployment or underemployment is voluntary; and
b. Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location, with due consideration being given to the parties’ time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.
2. Except as set forth in subparagraph 1., income may not be imputed based upon:
a. Income records that are more than 5 years old at the time of the hearing or trial at which imputation is sought; or
b. Income at a level that a party has never earned in the past, unless recently degreed, licensed, certified, relicensed, or recertified and thus qualified for, subject to geographic location, with due consideration of the parties’ existing time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.
(c) Public assistance as defined in s. 409.2554 shall be excluded from gross income.
(3) Net income is obtained by subtracting allowable deductions from gross income. Allowable deductions 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 each parent shall be computed by subtracting allowable deductions from gross income.
(5) Net income for each parent shall be added together for a combined net income.
(6) The following guidelines schedule shall be applied to the combined net income to determine the minimum child support need:
Combined
Monthly NetChild or Children
IncomeOneTwoThreeFourFiveSix
800.00190211213216218220
850.00202257259262265268
900.00213302305309312315
950.00224347351355359363
1000.00235365397402406410
1050.00246382443448453458
1100.00258400489495500505
1150.00269417522541547553
1200.00280435544588594600
1250.00290451565634641648
1300.00300467584659688695
1350.00310482603681735743
1400.00320498623702765790
1450.00330513642724789838
1500.00340529662746813869
1550.00350544681768836895
1600.00360560701790860920
1650.00370575720812884945
1700.00380591740833907971
1750.00390606759855931996
1800.004006227798779551022
1850.004106387989009791048
1900.0042165481892310041074
1950.0043167083994610291101
2000.0044268685996810541128
2050.0045270287999110791154
2100.00463718899101411041181
2150.00473734919103711291207
2200.00484751940106011541234
2250.00494767960108211791261
2300.00505783980110512041287
2350.005157991000112812291314
2400.005268151020115112541340
2450.005368311041117412791367
2500.005478471061119613041394
2550.005578641081121913291420
2600.005688801101124213541447
2650.005788961121126513791473
2700.005889121141128714031500
2750.005979271160130814261524
2800.006079411178132814481549
2850.006169561197134914711573
2900.006269711215137014941598
2950.006359861234139115171622
3000.0064410011252141215401647
3050.0065410161271143315631671
3100.0066310311289145315861695
3150.0067310451308147416081720
3200.0068210601327149516311744
3250.0069110751345151616541769
3300.0070110901364153716771793
3350.0071011051382155817001818
3400.0072011201401157917231842
3450.0072911351419159917451867
3500.0073811491438162017681891
3550.0074811641456164117911915
3600.0075711791475166218141940
3650.0076711941493168318371964
3700.0077612081503170218571987
3750.0078412211520172118782009
3800.0079312341536174018992031
3850.0080212481553175919202053
3900.0081112611570177819402075
3950.0081912751587179719612097
4000.0082812881603181619822119
4050.0083713021620183520022141
4100.0084613151637185420232163
4150.0085413291654187320442185
4200.0086313421670189220642207
4250.0087213551687191120852229
4300.0088113691704193021062251
4350.0088913821721194921272273
4400.0089813961737196821472295
4450.0090714091754198721682317
4500.0091614231771200621892339
4550.0092414361788202422092361
4600.0093314501804204322302384
4650.0094214631821206222512406
4700.0095114771838208122712428
4750.0095914901855210022922450
4800.0096815031871211923132472
4850.0097715171888213823342494
4900.0098615301905215723542516
4950.0099315421927217423722535
5000.00100015511939218823872551
5050.00100615611952220224022567
5100.00101315711964221524172583
5150.00101915801976222924322599
5200.00102515901988224324472615
5250.00103215992000225624622631
5300.00103816092012227024772647
5350.00104516192024228324922663
5400.00105116282037229725072679
5450.00105716382049231125222695
5500.00106416472061232425372711
5550.00107016572073233825522727
5600.00107716672085235225672743
5650.00108316762097236525822759
5700.00108916862109237925972775
5750.00109616952122239326122791
5800.00110217052134240626272807
5850.00110717132144241826392820
5900.00111117212155242926512833
5950.00111617292165244026632847
6000.00112117372175245126762860
6050.00112617462185246226882874
6100.00113117542196247327002887
6150.00113617622206248427122900
6200.00114117702216249527242914
6250.00114517782227250627372927
6300.00115017862237251727492941
6350.00115517952247252927612954
6400.00116018032258254027732967
6450.00116518112268255127852981
6500.00117018192278256227982994
6550.00117518272288257328103008
6600.00117918352299258428223021
6650.00118418432309259528343034
6700.00118918502317260428453045
6750.00119318562325261328543055
6800.00119618622332262128633064
6850.00120018682340263028723074
6900.00120418732347263928823084
6950.00120818792355264728913094
7000.00121218852362265629003103
7050.00121618912370266429093113
7100.00122018972378267329193123
7150.00122419032385268129283133
7200.00122819092393269029373142
7250.00123219152400269829463152
7300.00123519212408270729563162
7350.00123919272415271629653172
7400.00124319332423272429743181
7450.00124719392430273329833191
7500.00125119452438274129933201
7550.00125519512446275030023211
7600.00125919572453275830113220
7650.00126319632461276730203230
7700.00126719692468277530303240
7750.00127119752476278430393250
7800.00127419812483279230483259
7850.00127819872491280130573269
7900.00128219922498281030673279
7950.00128619982506281830763289
8000.00129020042513282730853298
8050.00129420102521283530943308
8100.00129820162529284431043318
8150.00130220222536285231133328
8200.00130620282544286131223337
8250.00131020342551286931313347
8300.00131320402559287831413357
8350.00131720462566288731503367
8400.00132120522574289531593376
8450.00132520582581290431683386
8500.00132920642589291231783396
8550.00133320702597292131873406
8600.00133720762604292931963415
8650.00134120822612293832053425
8700.00134520882619294632153435
8750.00134920942627295532243445
8800.00135221002634296332333454
8850.00135621062642297232423464
8900.00136021112649298132523474
8950.00136421172657298932613484
9000.00136821232664299832703493
9050.00137221292672300632793503
9100.00137621352680301532893513
9150.00138021412687302332983523
9200.00138421472695303233073532
9250.00138821532702304033163542
9300.00139121592710304933263552
9350.00139521652717305833353562
9400.00139921712725306633443571
9450.00140321772732307533533581
9500.00140721832740308333633591
9550.00141121892748309233723601
9600.00141521952755310033813610
9650.00141922012763310933903620
9700.00142222062767311533963628
9750.00142522102772312134023634
9800.00142722132776312634083641
9850.00143022172781313234143647
9900.00143222212786313734203653
9950.00143522252791314334263659
10000.00143722282795314834323666
(a) If the obligor parent’s net income is less than the amount in the guidelines schedule:
1. The parent should be ordered to pay a child support amount, determined on a case-by-case basis, to establish the principle of payment and lay the basis for increased support orders should the parent’s income increase.
2. The obligor parent’s child support payment shall be the lesser of the obligor parent’s actual dollar share of the total minimum child support amount, as determined in subparagraph 1., and 90 percent of the difference between the obligor parent’s monthly net income and the current poverty guidelines as periodically updated in the Federal Register by the United States Department of Health and Human Services pursuant to 42 U.S.C. s. 9902(2) for a single individual living alone.
(b) For combined monthly net income greater than the amount in the guidelines schedule, the obligation is the minimum amount of support provided by the guidelines schedule plus the following percentages multiplied by the amount of income over $10,000:
Child or Children
OneTwoThreeFourFiveSix
5.0%7.5%9.5%11.0%12.0%12.5%
(7) Child care costs incurred due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent shall be added to the basic obligation. After the child care costs are added, any moneys prepaid by a parent for child care costs for the child or children of this action shall be deducted from that parent’s child support obligation for that child or those children. Child care costs may not exceed the level required to provide quality care from a licensed source.
(8) Health insurance costs resulting from coverage ordered pursuant to s. 61.13(1)(b), and any noncovered medical, dental, and prescription medication expenses of the child, shall be added to the basic obligation unless these expenses have been ordered to be separately paid on a percentage basis. After the health insurance costs are added to the basic obligation, any moneys prepaid by a parent for health-related costs for the child or children of this action shall be deducted from that parent’s child support obligation for that child or those children.
(9) Each parent’s percentage share of the child support need shall be determined by dividing each parent’s net monthly income by the combined net monthly income.
(10) Each parent’s actual dollar share of the total minimum child support need shall be determined by multiplying the minimum child support need by each parent’s percentage share of the combined monthly net income.
(11)(a) The court may adjust the total minimum child support award, or either or both parents’ share of the total minimum child support award, based upon the following deviation factors:
1. Extraordinary medical, psychological, educational, or dental expenses.
2. Independent income of the child, not to include moneys received by a child from supplemental security income.
3. The payment of support for a parent which has been regularly paid and for which there is a demonstrated need.
4. Seasonal variations in one or both parents’ incomes or expenses.
5. The age of the child, taking into account the greater needs of older children.
6. Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though fulfilling those needs will cause the support to exceed the presumptive amount established by the guidelines.
7. Total available assets of the obligee, obligor, and the child.
8. The impact of the Internal Revenue Service Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption. The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption if the paying parent is current in support payments.
9. An application of the child support guidelines schedule that requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order.
10. The particular parenting plan, such as where the child spends a significant amount of time, but less than 20 percent of the overnights, with one parent, thereby reducing the financial expenditures incurred by the other parent; or the refusal of a parent to become involved in the activities of the child.
11. Any other adjustment that is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt that the parties jointly incurred during the marriage.
(b) Whenever a particular parenting plan provides that each child spend a substantial amount of time with each parent, the court shall adjust any award of child support, as follows:
1. In accordance with subsections (9) and (10), calculate the amount of support obligation apportioned to each parent without including day care and health insurance costs in the calculation and multiply the amount by 1.5.
2. Calculate the percentage of overnight stays the child spends with each parent.
3. Multiply each parent’s support obligation as calculated in subparagraph 1. by the percentage of the other parent’s overnight stays with the child as calculated in subparagraph 2.
4. The difference between the amounts calculated in subparagraph 3. shall be the monetary transfer necessary between the parents for the care of the child, subject to an adjustment for day care and health insurance expenses.
5. Pursuant to subsections (7) and (8), calculate the net amounts owed by each parent for the expenses incurred for day care and health insurance coverage for the child.
6. Adjust the support obligation owed by each parent pursuant to subparagraph 4. by crediting or debiting the amount calculated in subparagraph 5. This amount represents the child support which must be exchanged between the parents.
7. The court may deviate from the child support amount calculated pursuant to subparagraph 6. based upon the deviation factors in paragraph (a), as well as the obligee parent’s low income and ability to maintain the basic necessities of the home for the child, the likelihood that either parent will actually exercise the time-sharing schedule set forth in the parenting plan granted by the court, and whether all of the children are exercising the same time-sharing schedule.
8. For purposes of adjusting any award of child support under this paragraph, “substantial amount of time” means that a parent exercises time-sharing at least 20 percent of the overnights of the year.
(c) A parent’s failure to regularly exercise the court-ordered or agreed time-sharing schedule not caused by the other parent which resulted in the adjustment of the amount of child support pursuant to subparagraph (a)10. or paragraph (b) shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph is retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.
(12)(a) A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose. If such subsequent children exist, the court, when considering an upward modification of an existing award, may disregard the income from secondary employment obtained in addition to the parent’s primary employment if the court determines that the employment was obtained primarily to support the subsequent children.
(b) Except as provided in paragraph (a), the existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines schedule. The parent with a support obligation for subsequent children may raise the existence of such subsequent children as a justification for deviation from the guidelines schedule. However, if the existence of such subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether or not there is a basis for deviation from the guideline amount.
(c) The issue of subsequent children under paragraph (a) or paragraph (b) may only be raised in a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award.
(13) If the recurring income is not sufficient to meet the needs of the child, the court may order child support to be paid from nonrecurring income or assets.
(14) Every petition for child support or for modification of child support shall be accompanied by an affidavit which shows the party’s income, allowable deductions, and net income computed in accordance with this section. The affidavit shall be served at the same time that the petition is served. The respondent, whether or not a stipulation is entered, shall make an affidavit which shows the party’s income, allowable deductions, and net income computed in accordance with this section. The respondent shall include his or her affidavit with the answer to the petition or as soon thereafter as is practicable, but in any case at least 72 hours prior to any hearing on the finances of either party.
(15) For purposes of establishing an obligation for support in accordance with this section, if a person who is receiving public assistance is found to be noncooperative as defined in s. 409.2572, the department may submit to the court an affidavit or written declaration signed under penalty of perjury as specified in s. 92.525(2) attesting to the income of that parent based upon information available to the department.
(16) The Legislature shall review the guidelines schedule established in this section at least every 4 years beginning in 1997.
(17) In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition, regardless of whether that date precedes the filing of the petition. In determining the retroactive award in such cases, the court shall consider the following:
(a) The court shall apply the guidelines schedule in effect at the time of the hearing subject to the obligor’s demonstration of his or her actual income, as defined by subsection (2), during the retroactive period. Failure of the obligor to so demonstrate shall result in the court using the obligor’s income at the time of the hearing in computing child support for the retroactive period.
(b) All actual payments made by a parent to the other parent or the child or third parties for the benefit of the child throughout the proposed retroactive period.
(c) The court should consider an installment payment plan for the payment of retroactive child support.
History.s. 3, ch. 87-95; s. 5, ch. 89-183; s. 5, ch. 91-246; s. 11, ch. 92-138; s. 5, ch. 93-208; s. 2, ch. 94-204; s. 2, ch. 94-318; s. 1366, ch. 95-147; s. 53, ch. 96-175; s. 3, ch. 96-305; s. 11, ch. 97-170; s. 11, ch. 98-397; s. 1, ch. 99-359; s. 2, ch. 2001-91; ss. 15, 16, ch. 2001-158; s. 7, ch. 2002-173; s. 11, ch. 2005-39; s. 16, ch. 2008-61; ss. 2, 17, ch. 2010-187; s. 5, ch. 2010-199; s. 3, ch. 2011-4; s. 38, ch. 2012-30.