What is good fortune child support?
When representing wealthy individuals, the issue of good fortune child support comes up. However, good fortune child support is not what one would think from the name. In Florida there are child support guidelines and the formula for the child support guidelines is outlined within Section 61.30, Florida Statutes.
When you are calculating child support each parties’ net income – income after taxes is determined. If one party is paying alimony to the other party, then the alimony is deducted from the payor’s column and placed in the recipient’s column. Thus, alimony and child support have an inverse relationship – the more alimony one receives the less child support they will receive. Other factors taken into account by the child support guidelines include overnights each party has, credits for childcare, credits for insurance payments and mandatory retirement contributions.
However, when dealing with extremely wealthy individuals the issue of good fortune child support comes up. This occurs when the child support guideline amount results in an extremely high number. What good fortune child support means is that the court can deviate from the child support guideline amount and make adjustments to the child support guidelines based on the facts and circumstances of a particular case. A court is supposed to consider the needs of the child and the financial circumstances of each parent after considering the child support guideline number.
In a case with an extremely wealthy individual, the Florida Supreme Court in Miller v. Schou, 616 So. 2d 436 (Fla. 1993) stated that a child is only entitled to share in the good fortune of their parents consistent with an appropriate lifestyle. Basically what that means is that the child of an extremely wealthy person may not be entitled to every little luxury that the wealthy parent can afford. Each case differs and depends on the facts and circumstances of each case. For example, in a case in Miami Dade county the child support guidelines resulted in a $44,000 a month figure and the court held that was too much for child support and in excess of what the children in that case needed on a monthly basis.
As one can see, good fortune child support can mean just the opposite of what it sounds like. Therefore, it is important when there is a case involving a very wealthy individual that you have an attorney that has experience handling good fortune child support cases.