The 2023 Florida Statutes (including Special Session C)
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. . . See § 61.30(17), Fla. . . .
. . . without calculating the amount of each parties' overnights with the children as provided by sections 61.30 . . .
. . . In this case, section 61.30, Florida Statutes, supports the conclusion that there was a substantial change . . . be deemed a substantial change of circumstances for purposes of modifying the child support award. § 61.30 . . . But section 61.30(11)(c) provides an exception to that general rule, allowing retroactivity "to the date . . .
. . . qualifications, and prevailing earnings level in the community if such information is available," under § 61.30 . . . was not considering, and did not make any ruling upon, an imputation of income pursuant to section 61.30 . . .
. . . See § 61.30(17)(a), Fla. . . .
. . . calculated because the $ 2500 alimony award was not deducted from his gross income as required by section 61.30 . . . See § 61.30(1)(a) (providing that any deviation beyond five percent of the child support guideline amount . . .
. . . . §§ 61.14, 61.30(14), Fla. Stat.; Fla. Fam. L.R.P. 12.285(k). . . .
. . . The trial court did not follow section 61.30, Florida Statutes (2016), in the modification proceeding . . . Third, the child support guidelines analysis under section 61.30 applies to modification proceedings. . . . § 61.30(1)(a), Fla. . . . Pursuant to section 61.30(1)(b), a substantial change in circumstance may result from a sufficiently . . . As the trial court did not follow the dictates of section 61.30, we reverse and remand for the trial . . .
. . . fix child support for the remaining children in accordance with the guidelines set forth in section 61.30 . . .
. . . Section 61.30(2)(a)9., Florida Statutes (2014), defines gross income to include "[s]pousal support .. . . . See also § 61.30(2)(a)13., Fla. . . . of the child, to both parties by adding the cost to the basic obligation determined pursuant to s. 61.30 . . . the child support obligation or order the obligation to be paid separately on a percentage basis. § 61.30 . . . See § 61.30(8), Fla. . . .
. . . allocation of the children's medical and dental expenses not covered by insurance violated section 61.30 . . . See § 61.30(2)(b), Fla. Stat. (2017). . . .
. . . Under section 61.30(17), Florida Statutes (2018), a court has the discretion to award retroactive child . . . to the date of the filing of the petition (February 7, 2018), a period of time authorized by section 61.30 . . .
. . . the child's noncovered medical, dental, and prescription medication expenses as required by section 61.30 . . .
. . . ." § 61.30(2)(b), Fla. Stat. (2018) ; see Freilich v. . . .
. . . Section 61.30, Florida Statutes (2017), sets forth the child support guidelines to be applied in Florida . . . See § 61.30(2) - (4), Fla. Stat. . . . Specifically, section 61.30(2)(a) 3. provides that a party's gross income shall include "[b]usiness income . . . Zinovoy , 50 So.3d 763, 764-65 (Fla. 2d DCA 2010) ); see also § 61.30(8), Fla. Stat. . . .
. . . items should have been added to Father's taxable income when calculating child support under section 61.30 . . . Section 61.30(2), Florida Statutes, sets forth the way in which the trial court shall determine a parent's . . . Pursuant to section 61.30(2)(a) 13., Florida Statutes, gross income shall include "[r]eimbursed expenses . . . See § 61.30(3)(e), Fla. Stat.; Russell v. . . . See § 61.30(3)(d), Fla. Stat.; J.N.S. v. . . .
. . . essentially concedes this error in his Answer Brief, but seeks to justify the difference under section 61.30 . . . We hold, however, that the five percent variance permitted by section 61.30 is inapplicable in this instance . . . payment of child support in an amount which varies more than 5 percent from such guideline amount ...." § 61.30 . . .
. . . There was no basis upon which to impute income to the mother, see § 61.30, Fla. . . .
. . . calculate the amount of child support according to the child support guidelines as set forth in section 61.30 . . . trial court abused its discretion in failing to award retroactive child support pursuant to section 61.30 . . .
. . . Section 61.30, Florida Statutes (2016), establishes a guidelines schedule that trial courts must apply . . . The net income for each parent is then added together for a combined net income. § 61.30(5). . . . . § 61.30(6). . . . "In conformance with section 61.30, the case law is 'well-settled that a trial court errs by failing . . . See § 61.30(6) (mandating that the "guidelines schedule shall be applied to the combined net income to . . .
. . . worksheet that was prepared in conjunction with the former wife's motion for temporary relief, see § 61.30 . . . extent that he can offer competent substantial evidence of actual payments qualifying under section 61.30 . . . Id. § 152(e)(1)-(3) ; § 61.30(11)(a)(8), Fla. Stat. (2016) ; Alston v. . . . finding requiring the former wife to waive her exemption for one or both children accordingly, see § 61.30 . . .
. . . Section 61.30(8), Florida Statutes (2017), provides in pertinent part: Health insurance costs resulting . . . Section 61.30(17)(b), Florida Statutes (2017), provides, in pertinent part: "In determining the retroactive . . .
. . . See § 61.30(11)(b)3., Fla. Stat. . . .
. . . Our standard for reviewing decisions imputing income under section 61.30(2)(b), Florida Statutes, is . . . can be imputed to an unemployed parent only if such unemployment "is found ... to be voluntary." § 61.30 . . .
. . . Smith , 737 So.2d 641, 644 (Fla. 1st DCA 1999) ; see also § 61.30(2)(b), Fla. Stat. . . . court needed evidence that the ex-husband had the present ability to earn $100,000 in his community. § 61.30 . . . See § 61.30(2)(b) 1.b. . . .
. . . Department maintains that the trial court did not comply or make findings consistent with section 61.30 . . .
. . . See 61.30(11)(b), Fla. Stat ; Florida Family Law Form 12.905(a). . . .
. . . Section 61.30, Florida Statutes (2017), provides in pertinent part: (1)(a) The child support guideline . . . finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. § 61.30 . . . Section 61.30(11)(a) provides grounds upon which the court may deviate. . . .
. . . Section 61.30(3)(f), Florida Statutes (2017), provides that "[c]ourt-ordered support for other children . . .
. . . As the Former Wife correctly argues, section 61.30(2)(a)3., Florida Statutes (2016), states: (2) Income . . . However, according to section 61.30, the amount of child support is to be determined by the parents' . . . See § 61.30(6), Fla. . . . (emphasis added) ); see also § 61.30(10), Fla. . . .
. . . . § 61.30(11)(a)8., Fla. Stat. . . . failed to structure the transfer of the dependency exemptions in accordance with the language of section 61.30 . . .
. . . the Legislature would have included such a provision within the child support provisions of section 61.30 . . . According to section 61.30(2)(a) 13., Florida Statutes (2016), "[g]ross income shall include ... . . .
. . . support obligations, appears either to have been miscalculated or left erroneously unexplained under § 61.30 . . . We recognize the Department's point that § 61.30(3)(f) only provides for subtracting "[c]ourt-ordered . . . See § 61.30(11)(a) 11., Fla. Stat. . . . findings "explaining why ordering payment of such guideline amount would be unjust or inappropriate." § 61.30 . . . See § 61.30(1)(a), Fla. Stat.; Dep't of Revenue v. . . .
. . . The Smith / Speed credit is not a deduction from the obligor's gross income because section 61.30(3)( . . . Instead, the credit is an equitable adjustment under section 61.30(11)(a) 11., Florida Statutes, which . . . entitled to a deduction from gross income for the support he provides to his other three children, section 61.30 . . . it is a matter that can be considered as grounds for a deviation under other provisions of section 61.30 . . .
. . . written findings to support a variance of more than 5% from the guideline amount as required by section 61.30 . . .
. . . Section 61.30, Florida Statutes (2017), provides guidelines establishing the amount of child support . . . proceeding for such support or in a proceeding for modification of an existing order for such support" § 61.30 . . . In conformance with section 61.30, the case law is "well-settled that a trial court errs by failing to . . . precluded a determination as to whether the award was within the guidelines established in section 61.30 . . .
. . . The trial court denied the petition, however, finding that § 61.30(11)(c), Florida Statutes (2016), only . . .
. . . Vanzant , 82 So.3d 991, 993 (Fla. 1st DCA 2011) ; see also § 61.30, Fla. Stat. . . . (citing § 61.30(1)(a), Fla. Stat.). . . .
. . . Section 61.30(2)(b), Florida Statutes (2014), states in relevant part: Monthly income shall be imputed . . .
. . . ." § 61.30(17)(a) (emphasis added); see also Swor v. . . .
. . . Because section 61.30, Florida Statutes (2014), requires that each parent support the child, we conclude . . . While I concur in the majority opinion, had the father argued that section 61.30(1), Florida Statutes . . . Section 61.30(2)(b), Florida Statutes (2011), modified the determination of imputation of income. . . . and their historical exercise of the time-sharing provided in the parenting plan or relevant order. § 61.30 . . .
. . . See § 61.30(2)(a)(9), Fla. Stat.; Christensen v. . . . The spousal support amounts should also have been deducted from Appellant's income. § 61.30(3)(g), Fla . . .
. . . Appellee was served with notice of the paternity proceeding, the maximum amount allowed by section 61.30 . . . LaGree , 106 So.3d 534, 537 (Fla. 1st DCA 2013). " Section 61.30(17), as well, supports using the service . . .
. . . the trial court erred in failing to apply the substantial timesharing formula set forth in section 61.30 . . . See also § 61.30(1)(a) (mandating that the formula in subsection (ll)(b) be used “whenever any of the . . .
. . . The statutory guidelines set forth in section 61.30, Florida Statutes, are the starting point for the . . . finding explaining why ordering payment of the guideline amount would be unjust or inappropriate. § 61.30 . . . “substantial amount of time” with each parent, the methodology of section 61.30(11)(b) is used to calculate . . . of the children, the overall financial circumstances of the parties, or any other factor in section 61.30 . . .
. . . See § 61.30, We note further that Mr. . . .
. . . Section 61.30(17)(b) requires that in determining a retroactive child support obligation the ALJ must . . .
. . . The governing statute, section 61.30(2)(b), Florida Statutes (2015), provides that a court “shall” impute . . . We agree, because section 61.30(7), Florida Statutes (2015), provides that “child care costs incurred . . .
. . . not supported by competent, substantial evidence and lacks the statutory findings required by section 61.30 . . . See § 61.30(l)(a) (“The child support guideline amount as determined by this section presumptively establishes . . .
. . . “Section 61.30(2), Florida Statutes (2007), requires trial courts to consider bonuses in calculating . . .
. . . . § 61.30(2)(a)(13), Fla. Stat. (2016); Jacob v. . . .
. . . substantial change in circumstances necessary to justify a downward modification, pursuant to section 61.30 . . .
. . . See § 61.30(8), Fla. Stat. (2011); Zinovoy v. Zinovoy, 50 So.3d 763, 764 (Fla. 2d DCA 2010). . . .
. . . Kirtley had paid and what he should have been paying under the guidelines provided in section 61.30, . . . Based on those facts and pursuant to section 61.30, Florida Statutes, the lower court imposed $467 per . . . Section 61.30(17), Florida Statutes, provides guidelines for awarding child support retroactively, and . . .
. . . requiring consideration of parties’ financial resources in determining whether to award attorney’s fees); § 61.30 . . .
. . . .” § 61.30(2)(a)13., Fla. Stat. (2016). . . .
. . . to award Former Husband child support, “Although the child support guidelines set forth in section 61.30 . . . As in McKenna, although the judgment in this case does not include the findings required by section 61.30 . . . In such a case, the trial court should make the findings required by section 61.30, including calculating . . .
. . . (quoting In re Amendments to Rules of Civil Procedure, 536 So.2d 974, 987 (Fla. 1988)); see also § 61.30 . . .
. . . Section 61.30, Florida Statutes (2016), establishes the method by which a trial court must determine . . . five percent, the final judgment must explain why the guideline amount is unjust or inappropriate. § 61.30 . . .
. . . Mobley, 32 So.3d 777, 778 (Fla. 2d DCA 2010); see also § 61.30(17)(a), Fla. Stat. (2016). . . .
. . . Section 61.30(ll)(c), Florida Statutes (2015), allows for modification of a child support award based . . . parent’s failure to exercise time-sharing “occurs over a period of time” and that pursuant to section 61.30 . . .
. . . Pursuant to section 61.30(2)(b), Florida Statutes, once a trial court finds a party is underemployed, . . .
. . . court determines the amount of child support a party owes by utilizing the guidelines set forth in § 61.30 . . .
. . . Conversely, in Llamas, 196 So.3d at 1270-71, the First District found that neither section 61.30(2)(b . . . income if the evidence demonstrates that the obligor’s “unemployment or underemployment is voluntary.” § 61.30 . . . We do not think that section 61.30 was intended to operate as a shield tó avoid having an initial support . . . See, e.g., § 61.30(17), Fla. Stat. . . . Cope, 971 So.2d 243, 249 (Fla. 2d DCA 2008) (limiting section 61.30(17) petition for retroactive child . . . Section 61.30 (2)(b) of the Florida Statutes (2015) imposes upon the parent seeking to impute income . . .
. . . the same percentages of child support they were required to pay as per the final judgment and section 61.30 . . .
. . . .” § 61.30(2)(a)13., Fla. Stat. (2014). This category includes housing expenses. See George v. . . . the definition of “income” includes “any form of payment to an individual ... made by any person”); § 61.30 . . . from a “physical or mental incapacity or other circumstance over which the parent has no control.” § 61.30 . . .
. . . See § 61.30(3)(e), Florida Statutes (2011) (“Allowable deductions shall include ... . . .
. . . .”); § 61.30(17), Fla. . . .
. . . father argues that the trial court was wrong to use the so-called “gross-up method” found in section 61.30 . . . arguing that the trial court has discretion to deviate from the guidelines, irrespective of section 61.30 . . . finding “explaining why ordering payment of [the] guideline amount would be unjust or inappropriate.” § 61.30 . . . Section 61.30(ll)(c), which authorizes a modification based on a parent’s failure to regularly exercise . . .
. . . 409.256, the department may establish a parent’s child support obligation pursuant to this section, s. 61.30 . . .
. . . While DOR is permitted to impute income to Appellant under section 61.30, Florida Statutes (2015), it . . .
. . . each child became emancipated in accordance with Florida’s child support guideline statute, section § 61.30 . . . Section 61.30, Florida Statutes (2013), codifies and explains both the mechanism for computing child . . .
. . . information is sufficiently reliable and detailed to allow calculation of guideline schedule amounts under s. 61.30 . . .
. . . See § 61.30(ll)(b), Fla. . . .
. . . Demen-triel Crawford multiple deductions for expenses against his gross income not permitted by section 61.30 . . .
. . . 2014 to October 2014 — and the trial court had the authority to award this retroactive support, see § 61.30 . . .
. . . See § 61.30(17), Fla. . . . See § 61.30(11)(a)(10), (11)(b); Mitchell v. . . .
. . . Boyd, 168 So.3d 302, 304 (Fla. 4th DCA 2015); see also § 61.30(17), Fla. . . .
. . . Because the trial court failed to follow the procedures established in section 61.30, Florida Statutes . . . This exceeds the amount of support that the Department proposes— ” ' Section 61.30(ll)(a)(2) prohibits . . . In this case, the trial court made no calculations or findings as called for by section 61.30(2). . . . See § 61.30(l)(a). We disagree. . . . This subsection currently appears at section 61.30(1 l)(a)(2), Florida Statutes (2013). • . . .
. . . Additionally, the court noted that two other subsections of section 61.30 are important to the analysis . . . (6), is clearly rebuttable,”-, and section 61.30(ll)(k) “allows for an equitable adjustment of the minimum . . . Id. at 1104 (emphasis added) (quoting § 61.30, 'Fla. Stat.1997). . . . Finley discussed the 1993 version of section '61.30, which listed the statutory deviation factors under . . . See § 61.30(1 l)(a), Fla. Stat. (2016). . . .
. . . retroactive obligation using income information it possesses from the retroactive period); see also § 61.30 . . .
. . . I believe the reasoning of McCall adheres to the legislative directive of section 61.30(2)(b), Florida . . . Section 61.30, Florida Statutes, sets child-support guidelines and other rules for determining a child-support . . . parent “if such unemployment ... is found by the court to be voluntary on that parent’s part .... ” § 61.30 . . . We find that the ALJ reasonably applied section 61.30(2)(b) and did not abuse his discretion in declining . . .
. . . .” § 61.30(l)(a), Fla. Stat. (2014). . . . of the- basic support monthly obligation is determined by reference to a chart provided in .section 61.30 . . . Section 61.30(7) provides that child care costs be added to this basic obligation. . . . Finally, according to section 61.30(8), noncovered medical expenses are added to the obligation “unless . . . See § 61.30(6), Fla. Stat. (2014). . . .
. . . . § 61.30(l)(a), Fla. Stat. (1995); Hooper v. . . . hear the matter and include in any order rendered the necessary statutory findings pursuant to section 61.30 . . .
. . . Section 61.30(17),-Florida Statutes (2013), provides the following in, relevant part:- In an initial . . . child or third parties for the benefit of the child throughout the proposed retroactive period.” § 61.30 . . .
. . . Stat. (2011) (“Except as otherwise provided in [section] 61.30(ll)(c), the court may modify an order . . .
. . . The case is remanded for the trial court to re-calculate that obligation pursuant to section 61.30(ll . . .
. . . Section 61.30(3), Florida Statutes (2012), lists the expenses that parents may deduct from their gross . . . income to determine their net income, including “mandatory retirement payments.” § 61.30(3)(d), Fla. . . .
. . . calculating child support, mandatory retirement payments are included as allowable deductions under section 61.30 . . . health savings account qualifies as an authorized deduction for calculation of net income under section 61.30 . . .
. . . disparity, we cannot determine whether the award was made in accordance with the guidelines in section 61.30 . . .
. . . . § 61.30(17), Fla. Stat. (2014) (emphasis added). . . . See § 61.30(17), Fla. Stat.; Ditton, 888 So.2d at 162. . . .
. . . appropriate child support amount and starting date based on the statutory guideline's found ih section 61.30 . . .
. . . See §§ 61.30(2), Fla. . . . Stat. (2010) (requiring a determination of gross income), 61.30(3) (requiring the determination of net . . . 618-19 (Fla. 6th DCA 2001) (“The trial court is required to determine net income based upon section 61.30 . . . net incomes, derived from their gross incomes minus the allowable deductions, set forth in section 61.30 . . . expense of transporting the child for visitation must be evaluated within th[e] framework [of section 61.30 . . .
. . . Medero, 17 So.3d 867, 871 n. 1 (Fla. 4th DCA 2009); see also § 61.30(11)(b), Fla. Stat. (2015). . . .
. . . “Section 61.30(11)^X8), authorize[s] the circuit court to consider the impact of the dependency exemption . . .
. . . See § 61.30(2), Fla. Stat. (2014). . . .
. . . Price’s gross income under section 61.30(2)(a), Florida Statutes, for purposes of calculating the child . . . the United States Navy, prior to his retirement, must be included in his gross income under section 61.30 . . . Section 61.30(2), Florida Statutes provides in pertinent part: (a) Gross income shall include, but is . . . under 61.30(2)(a)2. . . . Our analysis therefore concerns only section 61.30(2)(a)13. . . .
. . . parent’s child support obligation under the child support guidelines schedule as provided by s[ection] 61.30 . . . administrative support order, whether issued by the Department or DOAH, comply with sections 61.13(1) and 61.30 . . . Florida Statutes, and be issued in accordance with the child support guidelines schedule in section 61.30 . . . support that should be awarded whether the proceeding arises under chapter 61 or section 409.2563. § 61.30 . . .