Fort Lauderdale Divorce Lawyer Blog
Under Florida law, courts and administrative agencies are required to base child support obligations on actual income during the relevant period and to attach necessary documentation to support their findings. If they fail to do so, any child support obligations they impose may be vacated, as demonstrated in a recent opinion in which a Florida court addressed a case where the Department of Revenue miscalculated retroactive child support and failed to include a child support guidelines worksheet with its final order. If you are involved in a child support dispute, it is wise to consult a Miami child support attorney to help you protect your rights throughout the process.
Facts and Procedural History
It is reported that the plaintiff challenged a final administrative support order issued by the Department of Revenue’s Child Support Enforcement Program. Allegedly, the plaintiff argued that the Department miscalculated his retroactive child support obligation by failing to use his actual income during the retroactive period. Florida law mandates that retroactive support be calculated based on the obligor’s actual income for the relevant time frame, using state wage information if available.
Additionally, it is reported that the Department issued its final order without attaching a child support guidelines worksheet. The guidelines worksheet provides a detailed calculation of the obligor’s support obligations based on statutory guidelines, and without it, the accuracy of the Department’s determination could not be verified. The plaintiff argued that this omission made it impossible to ascertain whether the child support award was supported by sufficient evidence.
Calculating Child Support Obligations
On appeal, the court reviewed whether the Department properly calculated retroactive child support according to Florida law. In doing so, the court referenced Florida Statutes § 61.30(17)(a), which requires that retroactive support awards be based on the obligor’s actual income during the relevant period, not on current income or estimates.
The court, relying on precedent, emphasized the requirement to use specific income data from the retroactive period to ensure accurate support awards. Ultimately, the court found that the Department had failed to base its calculations on the records reflecting the plaintiff’s income during the retroactive period, necessitating a recalculated support order.
Further, the court agreed with the plaintiff’s contention regarding the missing child support guidelines worksheet. Under Florida law, attaching a guidelines worksheet to child support orders is essential for appellate review. The worksheet ensures that the support determination aligns with statutory guidelines and that both parties’ incomes are appropriately accounted for. The court ruled that without the worksheet, it was unclear whether the Department’s support calculation adhered to statutory guidelines.
Consequently, the court reversed the retroactive support calculation and remanded the case to the Department, instructing it to recalculate the award based on actual income during the retroactive period and to include a completed child support guidelines worksheet with the amended order.
Confer with a Knowledgeable Miami Family Law Attorney
Accurate calculation and proper documentation are crucial when making child support determinations. If you are facing child support issues or wish to ensure your case complies with Florida law, the experienced attorneys at the Law Offices of Sandy T. Fox, P.A. are ready to assist you. Contact us at 800-596-0579 or use our online form to schedule a consultation.