arcadia divorce lawyer

How is child support calculated?

Florida Statute 61.30 governs child support. The statute details what amounts are the full obligation for a parent when you look at combined monthly net income of both parties. For example, if the mother and father earn, after taxes are deducted, an income of $2,000 per month, the total child support obligation is $442 for one child. The table details amounts up to 6 children.

In paternity and divorce cases, the Circuit Court typically handles establishing a child support obligation considering the parties' parenting plan and schedule. In these Circuit Court cases, both parties' gross incomes (before taxes and deductions) are looked at. Then, allowable deductions, including dependency exemptions, the parents' health insurance payments, the parents' mandatory retirement contributions, etc., are taken from the gross income. After, we are left with both parties' net income (after taxes and deductions). The Court considers if either party is paying for the children's child care expenses, uncovered medical and health expenses on an ongoing basis, and the children's health insurance. The Court also uses what's called a "gross up" method to account for overnights of the parties. At the bottom of the calculation, we are left with both parties' child support obligations.

This blog post is informational and not intended to provide legal advice in any way whatsoever. This post does not create a relationship between the reader and Bouchard Law, P.A.

Florida Family Law App

Many Florida people must represent themselves in court or in filing a case for domestic relations, divorce, custody, and other family law related cases due to various reasons.

Our firm offers "unbundled" services, such as review of pro se, someone who is not represented by a lawyer, documents and pleadings, informational consultations, and limited appearance for court dates and filings representation, depending on the case. Contact us today for a case evaluation and to see if we can assist you with these services.

There is also an app that can assist you with navigating the court system called Florida Courts Help. This tool was recently created by the Florida Commission on Access to Civil Justice. The app works on Apple and Android devices and offers a spot for people to access Supreme Court approved family law forms, links and content to information for help centers in Florida, instructions for how to proceed with your case, and information regarding low-cost legal services, lawyer referrals, and eligibility criteria. 


"Gray divorce" on the rise

A recent Pew Research Center article states that among U.S. adults ages 50 and older, the divorce rate has roughly doubled since the 1990s.

"The climbing divorce rate for adults ages 50 and older is linked in part to the aging of the Baby Boomers, who now make up the bulk of this age group. (As of 2015, Baby Boomers ranged in age from 51 to 69.)," according to Research Analyst, Renee Stepler, author of "Led by Baby Boomers, Divorce Rates Climb for America's 50+ Population" published March 9, 2017. 

Noted consequences of these "gray divorces" include becoming less financially secure than married and widowed adults, living alone at older ages, and having less satisfaction with social lives.



Tax consequences of divorce: Dependency exemption

In Florida, the parent that has the child the majority of the time typically receives the tax exemption from the IRS. However, within marital settlement agreements, the parties may negotiate for the parent with a lesser amount of overnights to alternate the exemption or have this exemption every year. For example, if the parent with the majority of the time does not need to file taxes, that parent may utilize this dependency exemption as a bargaining chip (worth approximately $4,050.00 in 2017 as a deduction).

The IRS requires in these types of scenarios for the parents to file a Form 8332 in order to allow the "noncustodial" or parent will lesser amounts of time-sharing to take the exemption.

Another consideration is the actual value of the exemption. Currently, for every $2,500.00 above $287,650.00 in gross income, the value of the exemption is reduced by 2 percent, up to $410,150.00 total gross income. After that gross income point, the exemption can no longer be taken.

This blog post is not intended to provide readers with legal advice or tax advice in any way. This does not create a legal relationship or agreement between the reader and Bouchard Law, P.A. Bouchard Law, P.A. and its attorneys and staff do not claim to be experts in tax matters.  Bouchard Law, P.A. recommends consulting a tax professional to fully evaluate your tax implications and consequences of your particular position.