What are my children and I entitled to if I divorce my husband after he has cheated?
Full Question:
Answer:
For a brief summary of divorce law in Florida, please see the information at the following links:
http://lawdigest.uslegalforms.com/divorce/index.php?dID=6936
http://lawdigest.uslegalforms.com/divorce/index.php?dID=1239
The applicable Florida statutes are as follows:
61.043 Commencement of a proceeding for dissolution of marriage or for
alimony and child support; dissolution questionnaire. —
.(1) A proceeding for dissolution of marriage or a proceeding under s.
61.09 shall be commenced by filing in the circuit court a petition entitled
"In re the marriage of __________, husband, and __________, wife." A copy of
the petition together with a copy of a summons shall be served upon the
other party to the marriage in the same manner as service of papers in
civil actions generally
(2) Upon filing for dissolution of marriage, the petitioner must complete
and file with the clerk of the circuit court an unsigned anonymous
informational questionnaire. For purposes of anonymity, completed
questionnaires must be kept in a separate file for later distribution by
the clerk to researchers from the Florida State University Center for
Marriage and Family. These questionnaires must be made available to
researchers from the Florida State University Center for Marriage and
Family at their request. The actual questionnaire shall be formulated by
researchers from Florida State University who shall distribute them to the
clerk of the circuit court in each county.
61.071 Alimony pendente lite; suit money. —
In every proceeding for dissolution of the marriage, a party may claim
alimony and suit money in the petition or by motion, and if the petition is
well founded, the court shall allow a reasonable sum therefor. If a party
in any proceeding for dissolution of marriage claims alimony or suit money
in his or her answer or by motion, and the answer or motion is well
founded, the court shall allow a reasonable sum therefor.
61.08 Alimony. —
(1) In a proceeding for dissolution of marriage, the court may grant
alimony to either party, which alimony may be rehabilitative or permanent
in nature. In any award of alimony, the court may order periodic payments
or payments in lump sum or both. The court may consider the adultery of
either spouse and the circumstances thereof in determining the amount of
alimony, if any, to be awarded. In all dissolution actions, the court shall
include findings of fact relative to the factors enumerated in subsection
(2) supporting an award or denial of alimony.
(2) In determining a proper award of alimony or maintenance, the court
shall consider all relevant economic factors, including but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, the nonmarital and the marital
assets and liabilities distributed to each.
(e) When applicable, the time necessary for either party to acquire
sufficient education or training to enable such party to find appropriate
employment.
(f) The contribution of each party to the marriage, including, but not
limited to, services rendered in homemaking, child care, education, and
career building of the other party.
(g) All sources of income available to either party.
The court may consider any other factor necessary to do equity and
justice between the parties.
(3) To the extent necessary to protect an award of alimony, the court may
order any party who is ordered to pay alimony to purchase or maintain a
life insurance policy or a bond, or to otherwise secure such alimony award
with any other assets which may be suitable for that purpose.
(4)
(a) With respect to any order requiring the payment of alimony entered
on or after January 1, 1985, unless the provisions of paragraph (c) or
paragraph (d) apply, the court shall direct in the order that the payments
of alimony be made through the appropriate depository as provided in s.
61.181.
(b) With respect to any order requiring the payment of alimony entered
before January 1, 1985, upon the subsequent appearance, on or after that
date, of one or both parties before the court having jurisdiction for the
purpose of modifying or enforcing the order or in any other proceeding
related to the order, or upon the application of either party, unless the
provisions of paragraph (c) or paragraph (d) apply, the court shall modify
the terms of the order as necessary to direct that payments of alimony be
made through the appropriate depository as provided in s. 61.181.
(c) If there is no minor child, alimony payments need not be directed
through the depository.
(d)
1. If there is a minor child of the parties and both parties so
request, the court may order that alimony payments need not be directed
through the depository. In this case, the order of support shall provide,
or be deemed to provide, that either party may subsequently apply to the
depository to require that payments be made through the depository. The
court shall provide a copy of the order to the depository.
2. If the provisions of subparagraph 1. apply, either party may
subsequently file with the depository an affidavit alleging default or
arrearages in payment and stating that the party wishes to initiate
participation in the depository program. The party shall provide copies of
the affidavit to the court and the other party or parties. Fifteen days
after receipt of the affidavit, the depository shall notify all parties
that future payments shall be directed to the depository.
3. In IV-D cases, the IV-D agency shall have the same rights as the
obligee in requesting that payments be made through the depository.
61.13 Custody and support of children; visitation rights; power of court in
making orders. —
(1)
(a) In a proceeding under this chapter, the court may at any time
order either or both parents who owe a duty of support to a child to pay
support in accordance with the guidelines in s. 61.30. The court initially
entering an order requiring one or both parents to make child support
payments shall have continuing jurisdiction after the entry of the initial
order to modify the amount and terms and conditions of the child support
payments when the modification is found necessary by the court in the best
interests of the child, when the child reaches majority, or when there is a
substantial change in the circumstances of the parties. The court initially
entering a child support order shall also have continuing jurisdiction to
require the obligee to report to the court on terms prescribed by the court
regarding the disposition of the child support payments.
(b) Each order for support shall contain a provision for health care
coverage for the minor child when the coverage is reasonably available.
Coverage is reasonably available if either the obligor or obligee has
access at a reasonable rate to a group health plan. The court may require
the obligor either to provide health care coverage or to reimburse the
obligee for the cost of health care coverage for the minor child when
coverage is provided by the obligee. In either event, the court shall
apportion the cost of coverage, and any noncovered medical, dental, and
prescription medication expenses of the child, to both parties by adding
the cost to the basic obligation determined pursuant to s. 61.30(6). The
court may order that payment of uncovered medical, dental, and prescription
medication expenses of the minor child be made directly to the obligee on a
percentage basis.
1. In a non-Title IV-D case, a copy of the court order for health care
coverage shall be served on the obligor's union or employer by the obligee
when the following conditions are met:
a. The obligor fails to provide written proof to the obligee within 30
days after receiving effective notice of the court order that the health
care coverage has been obtained or that application for coverage has been
made;
b. The obligee serves written notice of intent to enforce an order for
health care coverage on the obligor by mail at the obligor's last known
address; and
c. The obligor fails within 15 days after the mailing of the notice to
provide written proof to the obligee that the health care coverage existed
as of the date of mailing.
2.
a. A support order enforced under Title IV-D of the Social Security Act
which requires that the obligor provide health care coverage is enforceable
by the department through the use of the national medical support notice,
and an amendment to the support order is not required. The department shall
transfer the national medical support notice to the obligor's union or
employer. The department shall notify the obligor in writing that the
notice has been sent to the obligor's union or employer, and the written
notification must include the obligor's rights and duties under the
national medical support notice. The obligor may contest the withholding
required by the national medical support notice based on a mistake of fact.
To contest the withholding, the obligor must file a written notice of
contest with the department within 15 business days after the date the
obligor receives written notification of the national medical support
notice from the department. Filing with the department is complete when the
notice is received by the person designated by the department in the
written notification. The notice of contest must be in the form prescribed
by the department. Upon the timely filing of a notice of contest, the
department shall, within 5 business days, schedule an informal conference
with the obligor to discuss the obligor's factual dispute. If the informal
conference resolves the dispute to the obligor's satisfaction or if the
obligor fails to attend the informal conference, the notice of contest is
deemed withdrawn. If the informal conference does not resolve the dispute,
the obligor may request an administrative hearing under chapter 120 within
5 business days after the termination of the informal conference, in a form
and manner prescribed by the department. However, the filing of a notice of
contest by the obligor does not delay the withholding of premium payments
by the union, employer, or health plan administrator. The union, employer,
or health plan administrator must implement the withholding as directed by
the national medical support notice unless notified by the department that
the national medical support notice is terminated.
b. In a Title IV-D case, the department shall notify an obligor's union
or employer if the obligation to provide health care coverage through that
union or employer is terminated.
3. In a non-Title IV-D case, upon receipt of the order pursuant to
subparagraph 1., or upon application of the obligor pursuant to the order,
the union or employer shall enroll the minor child as a beneficiary in the
group health plan regardless of any restrictions on the enrollment period
and withhold any required premium from the obligor's income. If more than
one plan is offered by the union or employer, the child shall be enrolled
in the group health plan in which the obligor is enrolled.
4.
a. Upon receipt of the national medical support notice under
subparagraph 2. in a Title IV-D case, the union or employer shall transfer
the notice to the appropriate group health plan administrator within 20
business days after the date on the notice. The plan administrator must
enroll the child as a beneficiary in the group health plan regardless of
any restrictions on the enrollment period, and the union or employer must
withhold any required premium from the obligor's income upon notification
by the plan administrator that the child is enrolled. The child shall be
enrolled in the group health plan in which the obligor is enrolled. If the
group health plan in which the obligor is enrolled is not available where
the child resides or if the obligor is not enrolled in group coverage, the
child shall be enrolled in the lowest cost group health plan that is
available where the child resides.
b. If health care coverage or the obligor's employment is terminated in a
Title IV-D case, the union or employer that is withholding premiums for
health care coverage under a national medical support notice must notify
the department within 20 days after the termination and provide the
obligor's last known address and the name and address of the obligor's new
employer, if known.
5.
a. The amount withheld by a union or employer in compliance with a
support order may not exceed the amount allowed under s. 303(b) of the
Consumer Credit Protection Act, 15 U.S.C. s. 1673(b), as amended. The union
or employer shall withhold the maximum allowed by the Consumer Credit
Protection Act in the following order:
(I) Current support, as ordered.
(II) Premium payments for health care coverage, as ordered.
(III) Past due support, as ordered.
(IV) Other medical support or coverage, as ordered.
b. If the combined amount to be withheld for current support plus the
premium payment for health care coverage exceed the amount allowed under
the Consumer Credit Protection Act, and the health care coverage cannot be
obtained unless the full amount of the premium is paid, the union or
employer may not withhold the premium payment. However, the union or
employer shall withhold the maximum allowed in the following order:
(I) Current support, as ordered.
(II) Past due support, as ordered.
(III) Other medical support or coverage, as ordered.
6. An employer, union, or plan administrator who does not comply with the
requirements in sub-subparagraph 4.a. is subject to a civil penalty not to
exceed $250 for the first violation and $500 for subsequent violations,
plus attorney's fees and costs. The department may file a petition in
circuit court to enforce the requirements of this subsection.[fn1]
7. The department may adopt rules to administer the child support
enforcement provisions of this section that affect Title IV-D cases.
(c) To the extent necessary to protect an award of child support, the
court may order the obligor to purchase or maintain a life insurance policy
or a bond, or to otherwise secure the child support award with any other
assets which may be suitable for that purpose.
(d)
1. Unless the provisions of subparagraph 3. apply, all child support
orders entered on or after January 1, 1985, shall direct that the payments
of child support be made as provided in s. 61.181 through the depository in
the county where the court is located. All child support orders shall
provide the full name and date of birth of each minor child who is the
subject of the child support order.
2. Unless the provisions of subparagraph 3. apply, all child support
orders entered before January 1, 1985, shall be modified by the court to
direct that payments of child support shall be made through the depository
in the county where the court is located upon the subsequent appearance of
either or both parents to modify or enforce the order, or in any related
proceeding.
3. If both parties request and the court finds that it is in the best
interest of the child, support payments need not be directed through the
depository. The order of support shall provide, or shall be deemed to
provide, that either party may subsequently apply to the depository to
require direction of the payments through the depository. The court shall
provide a copy of the order to the depository.
4. If the parties elect not to require that support payments be made
through the depository, any party may subsequently file an affidavit with
the depository alleging a default in payment of child support and stating
that the party wishes to require that payments be made through the
depository. The party shall provide copies of the affidavit to the court
and to each other party. Fifteen days after receipt of the affidavit, the
depository shall notify both parties that future payments shall be paid
through the depository.
5. In IV-D cases, the IV-D agency shall have the same rights as the
obligee in requesting that payments be made through the depository.
(2)
(a) The court shall have jurisdiction to determine custody,
notwithstanding that the child is not physically present in this state at
the time of filing any proceeding under this chapter, if it appears to the
court that the child was removed from this state for the primary purpose of
removing the child from the jurisdiction of the court in an attempt to
avoid a determination or modification of custody.
(b)
1. The court shall determine all matters relating to custody of each
minor child of the parties in accordance with the best interests of the
child and in accordance with the Uniform Child Custody Jurisdiction and
Enforcement Act. It is the public policy of this state to assure that each
minor child has frequent and continuing contact with both parents after the
parents separate or the marriage of the parties is dissolved and to
encourage parents to share the rights and responsibilities, and joys, of
childrearing. After considering all relevant facts, the father of the child
shall be given the same consideration as the mother in determining the
primary residence of a child irrespective of the age or sex of the child.
2. The court shall order that the parental responsibility for a minor
child be shared by both parents unless the court finds that shared
parental responsibility would be detrimental to the child. Evidence that a
parent has been convicted of a felony of the third degree or higher
involving domestic violence, as defined in s. 741.28 and chapter 775, or
meets the criteria of s. 39.806(1)(d), creates a rebuttable presumption
of detriment to the child. If the presumption is not rebutted, shared
parental responsibility, including visitation, residence of the child, and
decisions made regarding the child, may not be granted to the convicted
parent. However, the convicted parent is not relieved of any obligation to
provide financial support. If the court determines that shared parental
responsibility would be detrimental to the child, it may order sole
parental responsibility and make such arrangements for visitation as will
best protect the child or abused spouse from further harm. Whether or not
there is a conviction of any offense of domestic violence or child abuse
or the existence of an injunction for protection against domestic
violence, the court shall consider evidence of domestic violence or child
abuse as evidence of detriment to the child.
a. In ordering shared parental responsibility, the court may consider the
expressed desires of the parents and may grant to one party the ultimate
responsibility over specific aspects of the child's welfare or may divide
those responsibilities between the parties based on the best interests of
the child. Areas of responsibility may include primary residence,
education, medical and dental care, and any other responsibilities that the
court finds unique to a particular family.
b. The court shall order "sole parental responsibility, with or without
visitation rights, to the other parent when it is in the best interests of"
the minor child.
3. Access to records and information pertaining to a minor child,
including, but not limited to, medical, dental, and school records, may not
be denied to a parent because the parent is not the child's primary
residential parent. Full rights under this subparagraph apply to either
parent unless a court order specifically revokes these rights, including
any restrictions on these rights as provided in a domestic violence
injunction. A parent having rights under this subparagraph has the same
rights upon request as to form, substance, and manner of access as are
available to the other parent of a child, including, without limitation,
the right to in-person communication with medical, dental, and education
providers.
(c) The circuit court in the county in which either parent and the child
reside or the circuit court in which the original award of custody was
entered have jurisdiction to modify an award of child custody. The court
may change the venue in accordance with s. 47.122.
(3) For purposes of shared parental responsibility and primary residence,
the best interests of the child shall include an evaluation of all factors
affecting the welfare and interests of the child, including, but not
limited to:
(a) The parent who is more likely to allow the child frequent and
continuing contact with the nonresidential parent.
(b) The love, affection, and other emotional ties existing between the
parents and the child.
(c) The capacity and disposition of the parents to provide the child with
food, clothing, medical care or other remedial care recognized and
permitted under the laws of this state in lieu of medical care, and other
material needs.
(d) The length of time the child has lived in a stable, satisfactory
environment and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed
custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child
to be of sufficient intelligence, understanding, and experience to express
a preference.
(j) The willingness and ability of each parent to facilitate and
encourage a close and continuing parent-child relationship between the
child and the other parent.
(k) Evidence that any party has knowingly provided false information to
the court regarding a domestic violence proceeding pursuant to s. 741.30.
(l) Evidence of domestic violence or child abuse.
(m) Any other fact considered by the court to be relevant.
(4)
(a) When a noncustodial parent who is ordered to pay child support or
alimony and who is awarded visitation rights fails to pay child support or
alimony, the custodial parent shall not refuse to honor the noncustodial
parent's visitation rights.
(b) When a custodial parent refuses to honor a noncustodial parent's
visitation rights, the noncustodial parent shall not fail to pay any
ordered child support or alimony.
(c) When a custodial parent refuses to honor a noncustodial parent's or
grandparent's visitation rights without proper cause, the court shall,
after calculating the amount of visitation improperly denied, award the
noncustodial parent or grandparent a sufficient amount of extra visitation
to compensate the noncustodial parent or grandparent, which visitation
shall be ordered as expeditiously as possible in a manner consistent with
the best interests of the child and scheduled in a manner that is
convenient for the person deprived of visitation. In ordering any makeup
visitation, the court shall schedule such visitation in a manner that is
consistent with the best interests of the child or children and that is
convenient for the noncustodial parent or grandparent. In addition, the
court:
1. May order the custodial parent to pay reasonable court costs and
attorney's fees incurred by the noncustodial parent or grandparent to
enforce their visitation rights or make up improperly denied visitation;
2. May order the custodial parent to attend the parenting course approved
by the judicial circuit;
3. May order the custodial parent to do community service if the order
will not interfere with the welfare of the child;
4. May order the custodial parent to have the financial burden of
promoting frequent and continuing contact when the custodial parent and
child reside further than 60 miles from the noncustodial parent;
5. May award custody, rotating custody, or primary residence to the
noncustodial parent, upon the request of the noncustodial parent, if the
award is in the best interests of the child; or
6. May impose any other reasonable sanction as a result of noncompliance.
(d) A person who violates this subsection may be punished by contempt of
court or other remedies as the court deems appropriate.
(5) The court may make specific orders for the care and custody of the
minor child as from the circumstances of the parties and the nature of the
case is equitable and provide for child support in accordance with the
guidelines in s. 61.30. An award of shared parental responsibility of a
minor child does not preclude the court from entering an order for child
support of the child.
(6) In any proceeding under this section, the court may not deny shared
parental responsibility, custody, or visitation rights to a parent or
grandparent solely because that parent or grandparent is or is believed to
be infected with human immunodeficiency virus; but the court may condition
such rights upon the parent's or grandparent's agreement to observe
measures approved by the Centers for Disease Control and Prevention of the
United States Public Health Service or by the Department of Health for
preventing the spread of human immunodeficiency virus to the child.
(7) If the court orders that parental responsibility, including
visitation, be shared by both parents, the court may not deny the
noncustodial parent overnight contact and access to or visitation with the
child solely because of the age or sex of the child.
(8)
(a) Beginning July 1, 1997, each party to any paternity or support
proceeding is required to file with the tribunal as defined in s.
88.1011(22) and State Case Registry upon entry of an order, and to update
as appropriate, information on location and identity of the party,
including social security number, residential and mailing addresses,
telephone number, driver's license number, and name, address, and telephone
number of employer. Beginning October 1, 1998, each party to any paternity
or child support proceeding in a non-Title IV-D case shall meet the above
requirements for updating the tribunal and State Case Registry.
(b) Pursuant to the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, each party is required to provide his or her
social security number in accordance with this section. Disclosure of
social security numbers obtained through this requirement shall be limited
to the purpose of administration of the Title IV-D program for child
support enforcement.
(c) Beginning July 1, 1997, in any subsequent Title IV-D child support
enforcement action between the parties, upon sufficient showing that
diligent effort has been made to ascertain the location of such a party,
the court of competent jurisdiction shall deem state due process
requirements for notice and service of process to be met with respect to
the party, upon delivery of written notice to the most recent residential
or employer address filed with the tribunal and State Case Registry
pursuant to paragraph (a). Beginning October 1, 1998, in any subsequent
non-Title IV-D child support enforcement action between the parties, the
same requirements for service shall apply.
(9) At the time an order for child support is entered, each party is
required to provide his or her social security number and date of birth to
the court, as well as the name, date of birth, and social security number
of each minor child that is the subject of such child support order.
Pursuant to the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, each party is required to provide his or her
social security number in accordance with this section. All social security
numbers required by this section shall be provided by the parties and
maintained by the depository as a separate attachment in the file.
Disclosure of social security numbers obtained through this requirement
shall be limited to the purpose of administration of the Title IV-D program
for child support enforcement.
[fn1] Note. — As enacted by s. 1, ch. 2005-39. This provision was also
enacted by s. 1, ch. 2005-82, and that version used the word "subparagraph"
instead of the word "subsection."
61.30 Child support guidelines; retroactive child support. —
(1)
(a) The child support guideline amount as determined by this section
presumptively establishes the amount the trier of fact shall order as child
support in an initial proceeding for such support or in a proceeding for
modification of an existing order for such support, whether the proceeding
arises under this or another chapter. The trier of fact may order payment
of child support which varies, plus or minus 5 percent, from the guideline
amount, after considering all relevant factors, including the needs of the
child or children, age, station in life, standard of living, and the
financial status and ability of each parent. The trier of fact may order
payment of child support in an amount which varies more than 5 percent from
such guideline amount only upon a written finding explaining why ordering
payment of such guideline amount would be unjust or inappropriate.
Notwithstanding the variance limitations of this section, the trier of fact
shall order payment of child support which varies from the guideline amount
as provided in paragraph (11)(b) whenever any of the children are required
by court order or mediation agreement to spend a substantial amount of time
with the primary and secondary residential parents. This requirement
applies to any living arrangement, whether temporary or permanent.
(b) The guidelines may provide the basis for proving a substantial change
in circumstances upon which a modification of an existing order may be
granted. However, the difference between the existing monthly obligation
and the amount provided for under the guidelines shall be at least 15
percent or $50, whichever amount is greater, before the court may find that
the guidelines provide a substantial change in circumstances.
(c) For each support order reviewed by the department as required by s.
409.2564(11), if the amount of the child support award under the order
differs by at least 10 percent but not less than $25 from the amount that
would be awarded under s. 61.30, the department shall seek to have the
order modified and any modification shall be made without a requirement for
proof or showing of a change in circumstances.
(2) Income shall be determined on a monthly basis for the obligor and for
the obligee as follows:
(a) Gross income shall include, but is not limited to, the following
items:
1. Salary or wages.
2. Bonuses, commissions, allowances, overtime, tips, and other similar
payments.
3. Business income from sources such as self-employment, partnership,
close corporations, and independent contracts. "Business income" means
gross receipts minus ordinary and necessary expenses required to produce
income.
4. Disability benefits.
5. All workers' compensation benefits and settlements.
6. Unemployment compensation.
7. Pension, retirement, or annuity payments.
8. Social security benefits.
9. Spousal support received from a previous marriage or court ordered in
the marriage before the court.
10. Interest and dividends.
11. Rental income, which is gross receipts minus ordinary and necessary
expenses required to produce the income.
12. Income from royalties, trusts, or estates.
13. Reimbursed expenses or in kind payments to the extent that they
reduce living expenses.
14. Gains derived from dealings in property, unless the gain is
nonrecurring.
(b) Income on a monthly basis shall be imputed to an unemployed or
underemployed parent when such employment or underemployment is found to be
voluntary on that parent's part, absent physical or mental incapacity or
other circumstances over which the parent has no control. In the event of
such voluntary unemployment or underemployment, the employment potential
and probable earnings level of the parent shall be determined based upon
his or her recent work history, occupational qualifications, and prevailing
earnings level in the community; however, the court may refuse to impute
income to a primary residential parent if the court finds it necessary for
the parent to stay home with the child.
(c) Public assistance as defined in s. 409.2554 shall be excluded from
gross income.
(3) Allowable deductions from gross income shall include:
(a) Federal, state, and local income tax deductions, adjusted for actual
filing status and allowable dependents and income tax liabilities.
(b) Federal insurance contributions or self-employment tax.
(c) Mandatory union dues.
(d) Mandatory retirement payments.
(e) Health insurance payments, excluding payments for coverage of the
minor child.
(f) Court-ordered support for other children which is actually paid.
(g) Spousal support paid pursuant to a court order from a previous
marriage or the marriage before the court.
(4) Net income for the obligor and net income for the obligee shall be
computed by subtracting allowable deductions from gross income.
(5) Net income for the obligor and net income for the obligee shall be
added together for a combined net income.
(6) The following schedules shall be applied to the combined net income
to determine the minimum child support need:
Combined Child or Children
Monthly
Available
Income
One Two Three Four Five Six
650.00 74 75 75 76 77 78
700.00 119 120 121 123 124 125
750.00 164 166 167 169 171 173
800.00 190 211 213 216 218 220
850.00 202 257 259 262 265 268
900.00 213 302 305 309 312 315
950.00 224 347 351 355 359 363
1000.00 235 365 397 402 406 410
1050.00 246 382 443 448 453 458
1100.00 258 400 489 495 500 505
1150.00 269 417 522 541 547 553
1200.00 280 435 544 588 594 600
1250.00 290 451 565 634 641 648
1300.00 300 467 584 659 688 695
1350.00 310 482 603 681 735 743
1400.00 320 498 623 702 765 790
1450.00 330 513 642 724 789 838
1500.00 340 529 662 746 813 869
1550.00 350 544 681 768 836 895
1600.00 360 560 701 790 860 920
1650.00 370 575 720 812 884 945
1700.00 380 591 740 833 907 971
1750.00 390 606 759 855 931 996
1800.00 400 622 779 877 955 1022
1850.00 410 638 798 900 979 1048
1900.00 421 654 818 923 1004 1074
1950.00 431 670 839 946 1029 1101
2000.00 442 686 859 968 1054 1128
2050.00 452 702 879 991 1079 1154
2100.00 463 718 899 1014 1104 1181
2150.00 473 734 919 1037 1129 1207
2200.00 484 751 940 1060 1154 1234
2250.00 494 767 960 1082 1179 1261
2300.00 505 783 980 1105 1204 1287
2350.00 515 799 1000 1128 1229 1314
2400.00 526 815 1020 1151 1254 1340
2450.00 536 831 1041 1174 1279 1367
2500.00 547 847 1061 1196 1304 1394
2550.00 557 864 1081 1219 1329 1420
2600.00 568 880 1101 1242 1354 1447
2650.00 578 896 1121 1265 1379 1473
2700.00 588 912 1141 1287 1403 1500
2750.00 597 927 1160 1308 1426 1524
2800.00 607 941 1178 1328 1448 1549
2850.00 616 956 1197 1349 1471 1573
2900.00 626 971 1215 1370 1494 1598
2950.00 635 986 1234 1391 1517 1622
3000.00 644 1001 1252 1412 1540 1647
3050.00 654 1016 1271 1433 1563 1671
3100.00 663 1031 1289 1453 1586 1695
3150.00 673 1045 1308 1474 1608 1720
3200.00 682 1060 1327 1495 1631 1744
3250.00 691 1075 1345 1516 1654 1769
3300.00 701 1090 1364 1537 1677 1793
3350.00 710 1105 1382 1558 1700 1818
3400.00 720 1120 1401 1579 1723 1842
3450.00 729 1135 1419 1599 1745 1867
3500.00 738 1149 1438 1620 1768 1891
3550.00 748 1164 1456 1641 1791 1915
3600.00 757 1179 1475 1662 1814 1940
3650.00 767 1194 1493 1683 1837 1964
3700.00 776 1208 1503 1702 1857 1987
3750.00 784 1221 1520 1721 1878 2009
3800.00 793 1234 1536 1740 1899 2031
3850.00 802 1248 1553 1759 1920 2053
3900.00 811 1261 1570 1778 1940 2075
3950.00 819 1275 1587 1797 1961 2097
4000.00 828 1288 1603 1816 1982 2119
4050.00 837 1302 1620 1835 2002 2141
4100.00 846 1315 1637 1854 2023 2163
4150.00 854 1329 1654 1873 2044 2185
4200.00 863 1342 1670 1892 2064 2207
4250.00 872 1355 1687 1911 2085 2229
4300.00 881 1369 1704 1930 2106 2251
4350.00 889 1382 1721 1949 2127 2273
4400.00 898 1396 1737 1968 2147 2295
4450.00 907 1409 1754 1987 2168 2317
4500.00 916 1423 1771 2006 2189 2339
4550.00 924 1436 1788 2024 2209 2361
4600.00 933 1450 1804 2043 2230 2384
4650.00 942 1463 1821 2062 2251 2406
4700.00 951 1477 1838 2081 2271 2428
4750.00 959 1490 1855 2100 2292 2450
4800.00 968 1503 1871 2119 2313 2472
4850.00 977 1517 1888 2138 2334 2494
4900.00 986 1530 1905 2157 2354 2516
4950.00 993 1542 1927 2174 2372 2535
5000.00 1000 1551 1939 2188 2387 2551
5050.00 1006 1561 1952 2202 2402 2567
5100.00 1013 1571 1964 2215 2417 2583
5150.00 1019 1580 1976 2229 2432 2599
5200.00 1025 1590 1988 2243 2447 2615
5250.00 1032 1599 2000 2256 2462 2631
5300.00 1038 1609 2012 2270 2477 2647
5350.00 1045 1619 2024 2283 2492 2663
5400.00 1051 1628 2037 2297 2507 2679
5450.00 1057 1638 2049 2311 2522 2695
5500.00 1064 1647 2061 2324 2537 2711
5550.00 1070 1657 2073 2338 2552 2727
5600.00 1077 1667 2085 2352 2567 2743
5650.00 1083 1676 2097 2365 2582 2759
5700.00 1089 1686 2109 2379 2597 2775
5750.00 1096 1695 2122 2393 2612 2791
5800.00 1102 1705 2134 2406 2627 2807
5850.00 1107 1713 2144 2418 2639 2820
5900.00 1111 1721 2155 2429 2651 2833
5950.00 1116 1729 2165 2440 2663 2847
6000.00 1121 1737 2175 2451 2676 2860
6050.00 1126 1746 2185 2462 2688 2874
6100.00 1131 1754 2196 2473 2700 2887
6150.00 1136 1762 2206 2484 2712 2900
6200.00 1141 1770 2216 2495 2724 2914
6250.00 1145 1778 2227 2506 2737 2927
6300.00 1150 1786 2237 2517 2749 2941
6350.00 1155 1795 2247 2529 2761 2954
6400.00 1160 1803 2258 2540 2773 2967
6450.00 1165 1811 2268 2551 2785 2981
6500.00 1170 1819 2278 2562 2798 2994
6550.00 1175 1827 2288 2573 2810 3008
6600.00 1179 1835 2299 2584 2822 3021
6650.00 1184 1843 2309 2595 2834 3034
6700.00 1189 1850 2317 2604 2845 3045
6750.00 1193 1856 2325 2613 2854 3055
6800.00 1196 1862 2332 2621 2863 3064
6850.00 1200 1868 2340 2630 2872 3074
6900.00 1204 1873 2347 2639 2882 3084
6950.00 1208 1879 2355 2647 2891 3094
7000.00 1212 1885 2362 2656 2900 3103
7050.00 1216 1891 2370 2664 2909 3113
7100.00 1220 1897 2378 2673 2919 3123
7150.00 1224 1903 2385 2681 2928 3133
7200.00 1228 1909 2393 2690 2937 3142
7250.00 1232 1915 2400 2698 2946 3152
7300.00 1235 1921 2408 2707 2956 3162
7350.00 1239 1927 2415 2716 2965 3172
7400.00 1243 1933 2423 2724 2974 3181
7450.00 1247 1939 2430 2733 2983 3191
7500.00 1251 1945 2438 2741 2993 3201
7550.00 1255 1951 2446 2750 3002 3211
7600.00 1259 1957 2453 2758 3011 3220
7650.00 1263 1963 2461 2767 3020 3230
7700.00 1267 1969 2468 2775 3030 3240
7750.00 1271 1975 2476 2784 3039 3250
7800.00 1274 1981 2483 2792 3048 3259
7850.00 1278 1987 2491 2801 3057 3269
7900.00 1282 1992 2498 2810 3067 3279
7950.00 1286 1998 2506 2818 3076 3289
8000.00 1290 2004 2513 2827 3085 3298
8050.00 1294 2010 2521 2835 3094 3308
8100.00 1298 2016 2529 2844 3104 3318
8150.00 1302 2022 2536 2852 3113 3328
8200.00 1306 2028 2544 2861 3122 3337
8250.00 1310 2034 2551 2869 3131 3347
8300.00 1313 2040 2559 2878 3141 3357
8350.00 1317 2046 2566 2887 3150 3367
8400.00 1321 2052 2574 2895 3159 3376
8450.00 1325 2058 2581 2904 3168 3386
8500.00 1329 2064 2589 2912 3178 3396
8550.00 1333 2070 2597 2921 3187 3406
8600.00 1337 2076 2604 2929 3196 3415
8650.00 1341 2082 2612 2938 3205 3425
8700.00 1345 2088 2619 2946 3215 3435
8750.00 1349 2094 2627 2955 3224 3445
8800.00 1352 2100 2634 2963 3233 3454
8850.00 1356 2106 2642 2972 3242 3464
8900.00 1360 2111 2649 2981 3252 3474
8950.00 1364 2117 2657 2989 3261 3484
9000.00 1368 2123 2664 2998 3270 3493
9050.00 1372 2129 2672 3006 3279 3503
9100.00 1376 2135 2680 3015 3289 3513
9150.00 1380 2141 2687 3023 3298 3523
9200.00 1384 2147 2695 3032 3307 3532
9250.00 1388 2153 2702 3040 3316 3542
9300.00 1391 2159 2710 3049 3326 3552
9350.00 1395 2165 2717 3058 3335 3562
9400.00 1399 2171 2725 3066 3344 3571
9450.00 1403 2177 2732 3075 3353 3581
9500.00 1407 2183 2740 3083 3363 3591
9550.00 1411 2189 2748 3092 3372 3601
9600.00 1415 2195 2755 3100 3381 3610
9650.00 1419 2201 2763 3109 3390 3620
9700.00 1422 2206 2767 3115 3396 3628
9750.00 1425 2210 2772 3121 3402 3634
9800.00 1427 2213 2776 3126 3408 3641
9850.00 1430 2217 2781 3132 3414 3647
9900.00 1432 2221 2786 3137 3420 3653
9950.00 1435 2225 2791 3143 3426 3659
10000.00 1437 2228 2795 3148 3432 3666
For combined monthly available income less than the amount set out on the
above schedules, the parent should be ordered to pay a child support
amount, determined on a case-by-case basis, to establish the principle of
payment and lay the basis for increased orders should the parent's income
increase in the future. For combined monthly available income greater
than the amount set out in the above schedules, the obligation shall be
the minimum amount of support provided by the guidelines plus the
following percentages multiplied by the amount of income over $10,000:
Child or Children
One Two Three Four Five Six
5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
(7) Child care costs incurred on behalf of the children due to
employment, job search, or education calculated to result in employment or
to enhance income of current employment of either parent shall be reduced
by 25 percent and then shall be added to the basic obligation. After the
adjusted child care costs are added to the basic obligation, any moneys
prepaid by the noncustodial parent for child care costs for the child or
children of this action shall be deducted from that noncustodial parent's
child support obligation for that child or those children. Child care costs
shall not exceed the level required to provide quality care from a licensed
source for the children.
(8) Health insurance costs resulting from coverage ordered pursuant to
s. 61.13(1)(b), and any noncovered medical, dental, and prescription
medication expenses of the child, shall be added to the basic obligation
unless these expenses have been ordered to be separately paid on a
percentage basis. After the health insurance costs are added to the basic
obligation, any moneys prepaid by the noncustodial parent for
health-related costs for the child or children of this action shall be
deducted from that noncustodial parent's child support obligation for
that child or those children.
(9) Each parent's percentage share of the child support need shall be
determined by dividing each parent's net income by the combined net income.
(10) Each parent's actual dollar share of the child support need shall be
determined by multiplying the minimum child support need by each parent's
percentage share.
(11)
(a) The court may adjust the minimum child support award, or either
or both parents' share of the minimum child support award, based upon the
following considerations:
1. Extraordinary medical, psychological, educational, or dental expenses.
2. Independent income of the child, not to include moneys received by a
child from supplemental security income.
3. The payment of support for a parent which regularly has been paid and
for which there is a demonstrated need.
4. Seasonal variations in one or both parents' incomes or expenses.
5. The age of the child, taking into account the greater needs of older
children.
6. Special needs, such as costs that may be associated with the
disability of a child, that have traditionally been met within the family
budget even though the fulfilling of those needs will cause the support to
exceed the proposed guidelines.
7. Total available assets of the obligee, obligor, and the child.
8. The impact of the Internal Revenue Service dependency exemption and
waiver of that exemption. The court may order the primary residential
parent to execute a waiver of the Internal Revenue Service dependency
exemption if the noncustodial parent is current in support payments.
9. When application of the child support guidelines requires a person to
pay another person more than 55 percent of his or her gross income for a
child support obligation for current support resulting from a single
support order.
10. The particular shared parental arrangement, such as where the child
spends a significant amount of time, but less than 40 percent of the
overnights, with the noncustodial parent, thereby reducing the financial
expenditures incurred by the primary residential parent; or the refusal of
the noncustodial parent to become involved in the activities of the child.
11. Any other adjustment which is needed to achieve an equitable result
which may include, but not be limited to, a reasonable and necessary
existing expense or debt. Such expense or debt may include, but is not
limited to, a reasonable and necessary expense or debt which the parties
jointly incurred during the marriage.
<