Florida Family Law Case Deals With Contested Child Support

In many Florida child support cases, one key factor that is often in dispute is how much income the paying parent makes. When there are disagreements about how much support money should be awarded, it becomes important for the court to make a careful determination regarding each party’s true financial ability according to Florida’s Child Support Guidelines. In this article, we’ll discuss a case that made its way to the Sixth District Court of Appeal that emphasized an important principle in deciding a contested child support case: that support should be based on income that is available to the parent, not that shown on tax returns. 

Background of the case 

In the aforementioned case, the trial court issued a final judgment that established the child’s paternity and ordered the father to provide child support to the mother. The father had an interest in a business that generated pass-through income. Pass-through income is listed on a tax return, but it is not necessarily income that the owner can use.

During the trial, the trial court used the father’s pass-through income from the business to calculate the amount that the father owed in child support. The trial court used the father’s pass-through income as his personal income to calculate the child support award. The amount that the trial court ordered the father to pay was more than the father contended that he could afford with the actual income that he received from the business.

Ultimately, the father appealed the trial court’s decision regarding income that was used to calculate the child support figure. 

The appeal 

In its decision, the Sixth District Court of Appeal emphasized that the issue was the application by the trial court of the Florida Child Support Guidelines under Section 61.30, Florida Statutes. The statutes require child support to be based upon the net income that is reasonably available to the parent.

The Sixth DCA agreed with the father’s position that the trial court had abused its discretion in ordering child support based on pass-through income without evidence that the father had received the income.

Since the trial court’s child support award was based on an inflated income amount not supported by the evidence, the Sixth DCA reversed the decision and remanded the case for recalculation. 

Key takeaways 

This case provides useful guidance for parents in child support disputes: 

• Tax returns aren’t the ultimate authority – The courts must consider available income for child support payments. 

• Pass-through income is subject to scrutiny – The courts can’t simply consider business income reported in tax returns without considering the available income to the parent. 

• Guidelines must be followed – Child support orders must comply with the Florida statutes and must be supported by competent evidence.

This decision reiterates the basic principle of Florida family law: child support orders must be fair and based on competent evidence. Without those factors, the order could be overturned. 

Talk to an Orlando, FL, Child Support Lawyer Today 

Greater Orlando Family Law represents the interests of parents who are seeking child support. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/sixth-district-court-of-appeal/2025/6d23-0839.html