What Johnson v. Johnson Teaches Florida Parents About Contested Child Support

Child support is one of the most important (and frequently contested) issues in Florida family law. Parents rely on child support orders to ensure children have the financial resources they need. But sometimes the trial court gets the numbers wrong, especially when business income, self-employment, or unusual financial structures are involved.

A recent appellate case, Johnson v. Johnson, highlights exactly how these mistakes happen and what parents can do when they believe a support order is unfair or incorrect.

Background of the case

In this case, the parents disagreed about how much the father should pay in child support. The father owned a business, and like many business owners, some of the company’s income was “pass-through” income (money attributed to him on paper for tax purposes, but not actually received in his pocket).

The trial court treated all of this pass-through income as if the father had full access to it personally. Based on those inflated numbers, the court ordered him to pay a higher amount of child support.

The father appealed the decision, arguing that the court overestimated his true income and failed to follow Florida’s child support statute correctly.

The appeal

In this case, the Sixth District Court of Appeal agreed with the father. The court held that the trial judge abused his discretion since:

• The income calculation was not supported by evidence – Child support orders must be based on actual income. The court found there was no competent evidence showing that the father actually received or could freely spend the full business income reported on paper.
• The court ignored Florida’s child support guidelines – Florida Statute § 61.30 requires courts to calculate net income carefully, including only the income a parent can use to support the child. Pass-through income that a parent cannot actually withdraw cannot be treated as personal income.
• The court improperly required life-insurance security – Florida law allows judges to require life-insurance policies to secure child support obligations, but only when supported by evidence. In Johnson, the court imposed those requirements without the necessary findings.

Due to these errors, the appellate court reversed the child support order and sent the case back to the trial court to calculate support correctly.

Key takeaways from the case

• Child support must be based on real income – If you are self-employed, own a business, or receive bonuses, commissions, or distributions, the court must look at what you actually take home — not just what appears on tax documents.
• You can challenge a support order if it is unfair or inaccurate – If income is miscalculated, you have a right to seek correction.
• The court must explain its reasoning – The judges make specific findings about income, deductions, and the basis for child support amounts. If these findings are missing, the order may be reversible.

Talk to a St. Petersburg, FL Child Support Lawyer Today 

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents during their divorce. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your case right away.

Source:

caselaw.findlaw.com/court/dis-crt-app-flo-six-dis/117470419.html