QUESTION
Is child support arrears in Florida not considered deductible from net income for new child support order?
Asked on Mar 29th, 2013 on Child Support - Florida
More details to this question:
I am currently in a divorce and possible child suppor in Florida. The opposing parties attorney states that because the child support I pay in another county in Florida is for arrears and not current child support as those kids are over 18 years old it cannot be used as a deduction from my income to determine new child support for my younger children now? Is this correct? If I do not pay those arrears the penalty is the same as if it is for current child support.
1 ANSWER
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You can get credit for paying current child support, however you do not get credit for not paying child support and accumulating arrears. The credit is called the "Smith calculation" and applies to current child support that is actually being paid, not arrears representing child support that you did not pay. It would not hurt to ask the judge to allow you credit if you are paying, it is a court of equity, but my belief is that you will not get the deduction. You should run a guideline calculation both ways and see how much it really changes the new support obligation. It is quite possible that it would not make much of a difference anyway.
Answered on Mar 31st, 2013 at 6:38 PM