Child support disagreements can cause significant stress for parents. The court schedules a contested child support hearing if parents cannot agree on child support amounts. A contested child support hearing means both parents disagree on the numbers, and the judge will determine the outcome.
At Coleman Law Group, we help parents protect their rights and their children’s financial futures. Here is your comprehensive guide to preparing for a contested child support hearing in Florida.
How Florida Calculates Child Support
Child support ensures both parents contribute financially to their child’s care. Because child support is technically owed to the child, a parent cannot waive child support.
This means that calculating child support is an inevitable task if you are obtaining a divorce in Florida and you and your spouse have at least one minor child together. While calculating child support may seem daunting at first, it is actually a formulaic process.
Florida Statute Addressing Child Support
Child support is based on the Florida Child Support Guidelines, found in Section 61.30 of the Florida Statutes. The primary factor used to calculate child support is both parents’ net income.
Other factors include the number of children involved, health insurance expenses for the children, and the time-sharing schedule. The court examines each factor in turn below.
Calculating Net Income
If child support is at issue in a divorce action, each parent must complete and file a financial affidavit with the court.
On the financial affidavit, each parent will calculate their monthly net income. To calculate each parent’s net income, you must first determine each parent’s gross income.
Florida’s child support statute defines gross income broadly, and it includes all of the following:
- Salary and wages
- Bonuses and allowances
- Business income from different sources
- Disability benefits
- Pension, retirement, and annuity payments
- Spousal support
- Interest and dividends
- Rental income
- Reimbursed expenses and in-kind payments that reduce living expenses
Once you determine gross income, you may subtract certain deductions to arrive at net income.
After you subtract all allowable deductions from each parent’s monthly gross income, you will have computed each parent’s monthly net income, which will be used to calculate the child support amount. Each parent’s net income should be added together to determine the combined net income of the parents.
The court then consults the Florida Child Support Guidelines in Section 61.30, which provide a grid showing the child support need given the parents’ combined net income and the number of children.
The final step involves assigning a percentage of the obligation to each parent. Each parent’s percentage share of the minimum child support is determined by dividing that parent’s net monthly income by the combined net monthly income.
This gives you each parent’s percentage share of the child support obligation.
Number of Overnights
The child support amount also depends on how many nights each parent spends with the child. The guidelines presume that as a parent’s time with the child increases, the parent’s monthly obligation should decrease because the more time they have the child in their care, the more they spend on the child.
Accordingly, you must calculate the percentage of overnight stays the child is scheduled to spend with each parent. If the time-sharing schedule provides that the child will spend at least 20% of the year’s overnights with each parent (73 or more overnight visits per year), the court will adjust the child support award.
The more overnights one parent spends with the child, the less their child support obligation will be.
Health Insurance
Child support orders also factor in the cost of health insurance and other medical expenses for the child. Therefore, you must determine how much each parent pays toward the child’s medical insurance and health expenses. After adding the health insurance cost to the basic child support obligation, any amount a parent prepaid for the child’s health-related costs is deducted from that parent’s child support obligation.
A court may order the parents to make payment of noncovered medical and prescription expenses of the child on a percentage basis determined by each parent’s percentage share of the combined net income of the parents.
Why Do Child Support Hearings Become Contested?
A contested child support hearing happens when one or both parents challenge the facts used in the calculation.
Common points of disagreement include:
- One parent hides income
- One parent willingly quits their job to avoid paying child support
- Parents disagree on the actual number of overnight visits
- One parent claims extra costs for schooling or medical care
- One parent wants the judge to pay retroactive support for the months they didn’t pay.
Work with a child support attorney who knows child support laws. This helps you submit strong evidence to the court.
Significant Rules and Laws Concerning Child Support
Understanding Florida family court rules will help you avoid trouble before your hearing.
1. Mandatory Financial Disclosure
The Florida Family Law Rule 12.285 is known as the Mandatory Financial Disclosure. Both parents and the court must disclose financial statements. You must fill out an official Family Law Financial Affidavit.
Florida law requires you to attach supporting financial documents to your affidavit, including:
- Pay stubs for the last three months
- Federal tax returns for the past three years
- Bank account statements for the last three months
- Proof of health insurance costs for the child
- Proof of child care expenses
2. Imputing Income (Florida Statute 61.30(2)(b))
What happens if a parent refuses to work or hides their true income? Florida Statute 61.30 allows judges to impute income. Imputing income means the judge assigns a parent an income amount based on what they should earn.
The judge looks at the parent’s work history and qualifications. Your child support lawyer can present employment statistics showing the other parent can earn more.
3. Deviation from the Guidelines
Florida judges can change the support amount by up to 5 percent up or down based on circumstances. If a parent wants a deviation of more than 5 percent, they must show extraordinary evidence to the judge.
Valid reasons for a deviation include:
- Extraordinary medical or dental costs for the child
- High educational expenses for special needs
- Special dietary or care needs of the child
- Total assets owned by each parent
Steps to Prepare for Your Contested Child Support Hearing
Preparing for court needs careful attention. Follow these simple steps to proceed further:
Step 1: Gather Complete Financial Documents
Do not visit your child support lawyer. with incomplete records. Organize your files into a clean folder that includes copies of:
- W-2 forms and recent pay stubs
- Personal and business tax returns
- Receipts for daycare or after-school programs
- Receipts for health insurance premiums paid for the child
- Receipts for extra medical bills paid for the child
Step 2: Track Your Time-Sharing Records
Time-sharing directly impacts child support amounts. Keep a detailed log of every visit. Written records prevent misunderstandings and provide a clear timeline.
Step 3: Review the Other Parent’s Financial Affidavit
Review your former spouse’s financial declaration with your child support lawyer. Look for red flags like:
- Unusually low monthly income claims
- Missing bank accounts or undisclosed side jobs
- Inflated monthly living expenses
- Missing tax forms
Step 4: Prepare Your Testimony
The judge or hearing officer can ask you questions under oath.
So be prepared and practice these testimony tips:
- Answer only the question asked, without extra explanations.
- Provide clear facts instead of getting angry at your former spouse.
- Remain polite to everyone.
- State clearly if you do not know any financial details.
Common Mistakes to Avoid During Your Hearing
A small mistake in a contested child support hearing can have ongoing financial consequences. Avoid these common pitfalls:
- Failing to file on time may result in a judge’s sanction and delay your case.
- If you claim costs without receipts, the court will not consider your claims.
- When a parent deliberately gives up a job, judges will recognize it and still impute income.
- Don’t cease payments while awaiting a hearing date! You could face court fines and contempt.
Contact Coleman Law Group Today
Child support disputes can be expensive. Contested child support hearings require proper preparation and accurate calculations. Common calculation mistakes can result in unfair monthly payments over the years.
An experienced child support attorney will represent your rights and ensure your child receives the support they deserve under Florida law.
If you are facing an upcoming Florida child support dispute, it’s wise to meet with experienced attorneys at Coleman Law Group today. Contact us now at +1 (7272140400) or aheartforpeople@clgfl.com to review your case and develop a solid case strategy for the court.
