Fort Lauderdale Divorce Lawyer Blog
In Florida, courts are required to calculate child support in a manner that is fair and consistent with statutory guidelines. This includes accurately determining a parent’s income during any applicable retroactive period and ensuring that the final judgment reflects that calculation. A recent Florida case highlights what can go wrong when these requirements are not followed and why it is essential for parties to carefully scrutinize support orders to protect their financial interests. If you have questions about your rights with regard to child support, it is advisable to talk to a Miami child support attorney as soon as possible.
Factual Background and Procedural History
It is reported that the Department of Revenue Child Support Enforcement Program issued a final administrative support order against the father, which included an award of retroactive child support. The administrative law judge was presented with income records showing the father’s actual earnings during the relevant retroactive period.
Allegedly, despite this, the judge based the retroactive support calculation on the father’s current income rather than using the available historical data. The father then challenged the order, seeking a new hearing and corrected order. Specifically, the father argued that the administrative law judge miscalculated the amount owed and failed to attach a required child support guidelines worksheet to the final order. He further stated that the omission of the child support worksheet made it difficult to determine how the court arrived at the support amount.
Statutory Child Support Requirements
Florida law requires courts to apply the child support guidelines in effect at the time of the hearing and to use evidence of actual income during the retroactive period, if available. The Department of Revenue conceded the trial court’s errors on review, acknowledging that the administrative law judge did not comply with statutory requirements.
The court agreed that the administrative law judge failed to apply section 61.30(17)(a), Florida Statutes, which mandates that courts must use the obligor’s actual income when determining retroactive support. The court cited prior decisions, holding that when historical income data is available, reliance on current income constitutes reversible error. The court emphasized that using current income to calculate past obligations may result in an inflated or inaccurate support award that does not reflect the obligor’s actual ability to pay during the retroactive period.
In addition, the court noted that the administrative law judge’s failure to attach a child support guidelines worksheet to the final order violated another well-established requirement. The worksheet is necessary to allow reviewing courts to assess whether the support determination is grounded in evidence and in compliance with statutory formulas. Without the worksheet, the appellate court could not verify the correctness of the support amount.
Based on the foregoing, the court reversed the final order in part and remanded the case with instructions for the administrative judge to recalculate the retroactive support based on the father’s actual income during the relevant period and to attach the required child support guidelines worksheet.
Speak with a Dedicated Miami Child Support Attorney
Child support orders must comply with the law to ensure fairness to all parties involved. If you believe your support obligation was incorrectly calculated or that important documentation is missing from your final judgment, legal remedies may be available. The knowledgeable Miami child support attorneys of the Law Offices of Sandy T. Fox, P.A. are prepared to advocate for your rights and ensure that child support determinations reflect the true financial circumstances. To schedule a confidential consultation, call us at 800-596-0579 or contact us online. We serve clients throughout South Florida.