Child support is a critical issue in family law, impacting the financial well-being of children and the responsibilities of parents. Determining child support involves complex guidelines and statutory requirements. This blog post aims to clarify how child support amounts are calculated, focusing on both minor and dependent adult children, as well as the legal framework guiding these determinations.

Child Support for Minor Children and Young Adults

When establishing or modifying child support for minor children, including those between 18 and 19 years old who are still in high school and performing well, the starting point is the statutory child support guidelines. These guidelines set the presumptive amount that should be ordered. The trial court must either follow these guidelines or provide reasons for any deviations.

Key Points:

1. Guideline Worksheet: For every child support case, a Child Support Guideline Worksheet must be filed with the court. This worksheet is crucial for determining the correct amount of child support. It cannot be waived, and the absence of a worksheet is considered reversible error.

2. Net vs. Gross Income: Courts are required to use the net income of each parent, not gross income. This means they must account for allowable deductions before calculating child support. A failure to do so or inconsistency between reported incomes and the worksheet can lead to reversals and remands for recalculation.

3. Temporary and Final Orders: The guidelines apply to both temporary and final child support orders. A trial court must calculate the guideline amount before issuing any support order and can only deviate from it with a clear explanation.

4. Overnights and Expenses: The number of overnight stays the child spends with each parent and expenses for child care and health insurance are also factored into the calculation.

Determining Support for Dependent Adult Children

Effective July 1, 2023, Florida Statutes § 61.31 introduces new guidelines for determining support for dependent adult children, defined as individuals aged 18 and older who require significant care due to mental or physical incapacity. Here’s how support for these individuals is determined:

Key Considerations:

1. Income and Assets: The court evaluates the dependent adult child's income and assets.

2. Needs Related to Incapacity: The court considers the specific needs of the child related to their incapacity, including any substantial care or supervision required.

3. Financial Resources of Parents: The financial resources available to each parent for the child’s support are taken into account.

4. Special Needs Trust: The court may assign support to a special needs trust if it helps maintain the dependent adult child’s eligibility for means-based government benefits.

5. Impact on Benefits: The court considers how support orders might affect the child’s eligibility for state or federal programs and benefits. It ensures that support does not render the child ineligible for important services.

Legal Framework and Case Law

Recent case law highlights the importance of adhering to statutory guidelines and ensuring transparency in the support determination process:

• Adherence to Guidelines: Courts must follow statutory guidelines or explain any deviations. Failure to apply these guidelines can lead to reversals and remands.

• Accuracy of Income Calculations: Inaccuracies in calculating income or the failure to provide a detailed Child Support Guideline Worksheet can result in appeals and reversals.

• Consistency and Clarity: Orders must be clear and consistent with the financial information provided. Courts must make specific findings about incomes and expenses to ensure fair support calculations.

Conclusion

Understanding how child support is determined requires familiarity with statutory guidelines and court procedures. Whether for minor children or dependent adult children, the process involves detailed calculations and considerations of various factors, including income, expenses, and eligibility for benefits. Ensuring accuracy and adherence to legal standards is crucial for fair and effective child support determinations. For those navigating this process, consulting with a legal professional can provide invaluable guidance and support.