Child support attorney answers common questions when considering modification of child support or appealing a ruling in a child support case in Florida.
When is a Florida divorce court judge’s child support award excessive to the point of requiring reversal?
This is an area where divorce court judges do not have much discretion. In almost all cases, child support must be determined pursuant to the formula in Section 61.30, Florida Statutes. If the child support awarded is greater than or less than the amount dictated by the statute by 5%, than there must be findings explaining why.
In some cases involving people with high income, it is possible to convince the court that the child support amount mandated by Florida law is excessive, and should be reduced to the child’s actual needs. The theory behind this case law is that child support should only be used to cover the needs of the child, and not to purchase extreme luxuries for the child’s parent. However, in most situations it is hard to prove that a child support award is excessive.
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