Child support guidelines were first introduced in 1987 to help determine the amount of child support that should be paid. In 2003, Florida adopted a second formula for cases where children spend a significant amount of time with both parents. The guidelines also allow for adjustments in certain circumstances, such as extraordinary expenses or the child’s independent income. These guidelines help courts make fair decisions about child support. 8. The IRS allows parents to claim their children as dependents on their tax returns. A court can order a parent to give up this exemption if they are behind on child support payments.
9. When the child support guidelines require one parent to pay more than 55% of their income for child support from a single order.
10. The parenting plan and the amount of time the child spends with each parent can impact the financial responsibilities of each parent.
11. Any other adjustments needed to make sure the child support is fair, which could include existing expenses or debts from the marriage. In cases where children have different time-sharing schedules with their parents, there are different approaches to calculate child support. Some possible solutions include using a formula approach for split residence cases, averaging the number of overnights each child spends with each parent, using a specific approach suggested by the law, or going back to the traditional way of calculating based on needs and ability. Back in the early days of child support guidelines in Florida, there were special cases where the rules didn’t seem to apply. The courts had to figure out how to handle these cases, and they came up with the idea of split custody cases. In these cases, each parent had primary custody of one child, and the courts approved a formula approach to calculate child support payments. This helped make things fair for both parents and their children. The calculation for child support in this case was really complicated because the kids lived with both parents at different times, and there were expenses for things like health insurance and daycare. The judge figured out how much each parent needed to pay based on their income and the expenses they were responsible for. In the end, because the dad had custody of two kids, the mom had to pay him $230 each month for child support. This split the responsibility for taking care of the kids fairly based on how much money each parent made. In a case similar to Gingola, the court decided that the child support formula was unfair because it didn’t consider the support obligations of each parent when the children have different primary residences. The trial court used a different formula based on the number of children with each parent, and the majority opinion agreed with this decision. The court also upheld the specific child support amounts ordered for each parent based on the children’s residence. In cases where parents have nearly equal income and three children are split between them, the child support guidelines don’t specifically address this situation. Therefore, a trial judge can’t be accused of deviating from the guidelines. The dissent’s suggested method was not considered by the trial judge and is not necessarily required by the law. However, the judge could use the suggested method if they find it appropriate. In 1999, the Second District Court of Appeals had an approved formula for split custody cases, which divided the guidelines amount for the total children between the parents. The Fourth District Court of Appeals had a rule that said as long as the trial court used a reasonable approach to child support, the result would be approved. The First, Third, and Fifth districts could follow this rule. The First District also mentioned that a different method of calculating child support could be appropriate, but no alternative method had been presented in that case. This discussion occurred before the creation of a statute in 2001 relating to substantial shared residence cases, which was influenced by prior case law. In the case of Jones v. Johnson, the court had to figure out how to divide child support when both parents had the child for an equal amount of time. The court decided that each parent should be responsible for half of the total child support amount, based on the time they spent with the child. In this case, Jones should not have to pay Johnson child support, because she earns less money and has the child half the time. Instead, Johnson should pay Jones some child support. In 2010, a client needs to figure out child support for his three kids. The oldest will live with him and only visit the mom on holidays. The middle child will mostly live with the mom but spend some nights with the dad. The youngest will split time equally between the parents. The mom makes $3,000 a month and pays $450 a month for child care. The dad makes $5,000 a month and pays $300 a month for health insurance. The mom gets to claim two kids for taxes, and the dad gets to claim one. The dad wants to know how much child support the court will order. In complex child support cases in Florida, the court starts with the basic guideline amount for child support. Then, they look at the needs of the child, the financial status of each parent, and other relevant factors to see if the guideline amount is fair. If they decide to change the amount, they have to explain why. This rule also applies in cases where the children live with each parent for part of the time. In this case, we have to figure out how much each parent should pay for child support. The average time the children spend with their father is 229 nights a year, and with their mother, it’s 136 nights a year. The mother’s presumed share of child support is $918.64 per month, and the father’s share is $1,474.36 per month. The mother pays $380 for child care, and the father pays $355 for insurance.
We can use different methods to calculate the support, such as the gross-up method or the mixed analysis approach. With the mixed analysis approach, we look at the overnights each child spends with each parent and calculate support separately for each group of children. Then we add everything up and consider add-ons like child care and health insurance.
Another way to calculate support is the mixed group average analysis approach, where we combine the overnights for shared children and use the average.
So, there are different ways to figure out child support in this case, and it depends on which method is used to determine who pays what. In simple terms, when determining child support, the court looks at the needs of the child and the ability of each parent to pay. This includes things like the child’s age, special needs, and the parent’s income. There are specific factors that can cause the child support amount to be adjusted either up or down, depending on the circumstances. The goal is to make sure the child is taken care of and that the amount is fair for both parents. Norman D. Levin is a family lawyer who specializes in divorce and family law. He has a lot of experience and even served as the chair of the Family Law Section of The Florida Bar. He wrote a book called The Real Family Law Practice.
In simpler language: Norman D. Levin is a divorce and family lawyer with a lot of experience and knowledge. We want lawyers to act with integrity and help people, improve how the law works, and learn more about the law.
Source: https://www.floridabar.org/the-florida-bar-journal/what-do-i-do-now-all-of-the-children-are-not-exercising-the-same-time-sharing-schedule/
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