JENE VELASCO
v.
DONALD C. SOLLEY, III
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Child support calculations must be based on each parent's net monthly income, not gross income, and failure to subtract allowable statutory deductions from gross income is reversible error.
[1] Child support guidelines require the calculation of net monthly income for each parent by subtracting statutory deductions from gross income.
[2] It is reversible error to calculate child support using gross income rather than net income.
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Join FLexlaw to unlock all legal intelligence“It is reversable error to calculate child support using gross income, as opposed to net income.”
Court citing McKenzie v. McKenzie, 254 So. 3d 993, 995 (Fla. 4th DCA 2018)
In a paternity case, the trial court issued a temporary child support order that failed to deduct allowable deductions from the mother's gross monthly…
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PER CURIAM.
Jene Velasco, the mother in a paternity case, appeals a nonfinal order on temporary child support, timesharing, and legal fees. We reverse and remand the portion of the order awarding child support to Donald Solley, the father, because the trial court mathematically erred in calculating support. We affirm on all other issues without comment.
The child support guidelines are the starting point for determining temporary support, just as they are for final support orders. Elias v. Elias, 168 So. 3d 301, 301 (Fla. 4th DCA 2015) (citations omitted).
The guidelines first require the trial court to calculate the parties’ gross monthly incomes. § 61.30(2), Fla. Stat. (2022). Net monthly income for each parent is then determined by subtracting statutory deductions from gross income. § 61.30(3)-(4), Fla. Stat. (2022). After arriving at a combined net monthly income, and applying that figure to the guidelines schedule, the trial court determines each parent’s percentage share of the child
2
support need “by dividing each parent’s net monthly income by the combined net monthly income.” § 61.30(9), Fla. Stat. (2022).
Here, the support guidelines worksheet attached to the trial court’s temporary relief order fails to subtract allowable deductions from the mother’s gross monthly income. It is reversable error to calculate child support using gross income, as opposed to net income. McKenzie v. McKenzie, 254 So. 3d 993, 995 (Fla. 4th DCA 2018). The father concedes error on this issue.
We therefore reverse and remand with instructions for the trial court to determine temporary child support based on the parties’ net incomes.
Reversed and remanded with instructions. KLINGENSMITH, C.J., MAY and CIKLIN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Elias v. Elias, 168 So. 3d 301 (Fla. 4th DCA 2015)
- McKenzie v. McKenzie, 254 So. 3d 993 (Fla. 4th DCA 2018)