[FL] Can you dispute a child support calculation that omits required worksheet pages?
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What are the actual rules regarding Florida Family Law Rules of Procedure Form 12.902(e)?
I understand that navigating family law procedures can be challenging. Have you already started filling out Form 12.902(e), or are you looking for guidance on how to begin?
No. I filled them out and his lawyer filled his version of them and they are not the same.
Are you currently involved in a specific family law case, such as a divorce or child custody matter?
Yes.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your family law case.
No.
Hello, and welcome to our service. My name is Daniel, and I've been a licensed attorney for over 22 years. I'm sorry you're dealing with this situation, and I'll do everything I can to help. You mentioned discrepancies between your filled-out Form 12.902(e) and the version filled by the opposing lawyer in your family law case. Could you tell me more about any steps you've considered or taken so far regarding this?
Since I am pro se I have been a frequent flyer over here with you guys and doing my own research. I found that according to both The Florida Bar and the Florida Supreme Court, Rule 12.285(j), Mandatory Disclosure, provides: "If the case involves child support, the parties shall file with the court at or prior to a hearing to establish or modify child support a Child Support Guidelines Worksheet in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(e). This requirement cannot be waived by the parties."
The financial forms I received from his lawyer only had one page. The verbiage was similar to the form I found on the FL Court website but it was decisively not the same. The biggest error I found was the form is 7 pages and has lines 1-21. Theirs is one page and only reflects 1-9. This cuts off before the Basic Monthly Obligation calculation and the percent that the child has stayed at each parent's (I have 100%). I have been emailing with them to try to sort it and this was their most recent response: "Good morning: I rescanned the guidelines and am attaching them again. A couple of the previous scans appeared to skip a page, although that page did not contain any calculation information. Our guidelines are based on the Florida Supreme Court form and are generated using approved software. The software generates the guidelines based on each individual case and the respective incomes, etc. The software does not generate the additional pages you referenced in cases where they are not applicable, specifically the shared custody gross-up which does not apply in this case. I hope that is helpful. Let me know if you have any other questions."
It sounds like you're dealing with a frustrating situation. Just to clarify, have you had a chance to compare the specific calculations on both versions of the form to see if the numbers align, despite the missing sections? Also, have you considered reaching out to the court for guidance on whether the form provided by the opposing lawyer meets the necessary requirements?
Yes. His calculations fall on average $330 a month short of my calculations. Honestly, this is not about the money. It's the principal, he's gotten off easy on everything and I'm tired of it. I have not called the courthouse because the last time I did, they said to ask a lawyer.
There is a form for every year from 2018 to current.
Thanks, I appreciate you clarifying that. I'm finalizing your answer now and should have it for you shortly.
Which is another question: we divorced in 2015, shouldn't those years be considered too?
You are dealing with a frustrating child support calculation dispute, especially because you have already taken the time to review the forms and believe the numbers do not match the Florida guidelines. Child support calculations are governed by state law, and in Florida the amount is generally determined using statutory child support guidelines that consider factors such as each parent's income, health insurance costs, childcare expenses, and the amount of time each parent has the child. (FL Stat § 61.29) The purpose of the guidelines is to create a consistent calculation, not to allow one parent to pay less simply because of a mistake or missing information. Based on what you described, your main concern appears to be making sure the calculation is accurate and that the correct process was followed.
Your first option is to request a detailed written explanation of the calculation and supporting documents from the person who prepared the guidelines. Since you have already identified a difference of about $330 per month, ask specifically for the worksheet used, the income figures entered for each parent, any credits or adjustments applied, and an explanation of why shared custody calculations were not included. You should keep your request focused on the numbers rather than the history between the parents. If there is an error in the inputs or a calculation mistake, correcting the worksheet may resolve the issue without further court involvement.
Another option may be to file a request with the court handling the child support matter asking the judge to review or establish the correct support amount. A court order is what ultimately controls the obligation, and the judge can determine whether the guideline calculation was properly completed. You would generally need to file the appropriate motion or request in the same court where the child support case is pending, attach your calculations and the versions of the guideline forms you believe show the discrepancy, and explain the specific difference you are asking the court to review. Before filing, make sure you have copies of the current order, the guideline worksheets, income information used, and any payment records.
You could also consider contacting the Florida child support agency handling the case and asking them to provide the official calculation record and case documents. Since you have been communicating with them already, ask for the complete child support file, including the guideline worksheet used, the effective date of the calculation, the court order supporting the obligation, and any payment ledger. Having the agency's records may help confirm whether the difference is caused by a calculation issue, incorrect information, or simply a disagreement about which guideline version applies. Keep all emails and responses because they create a written record of your efforts to resolve the issue.
Based on the facts you provided, your best starting point appears to be option one: obtaining a complete breakdown of the calculation and the exact figures used before taking further action. A $330 monthly difference is significant, but the more important issue is identifying exactly where the numbers diverge. If the worksheet is wrong, it gives you a clear basis to request correction. If the calculation is accurate under the guidelines, you will at least have a better understanding of why the amount was reached. The main uncertainties are what income figures were entered, whether there are any valid adjustments, and whether the current court order already controls the amount. Please let me know if these options make sense to you. I am happy to explain anything further. It's important to me that you fully understand your choices.
Yes I've done all that which is why I'm here with you. I got my form directly from the courthouse site. Theirs looks like a word document. I have the financial affidavits and the supporting documents.
Still the numbers do not match. When I asked them and mentioned the Florida Supreme Court, Rule 12.285(j), Mandatory Disclosure, they said that what they submitted was accurate. If it's accurate then why do they ask for the numbers in a different manner which leads to a huge calculation difference?
It sounds like you've done a thorough job in trying to resolve this issue on your own. Since the form you have is directly from the courthouse and theirs seems to be a different version, it might be beneficial to bring this discrepancy to the attention of the court. You could file a motion to have the court review the child support calculations and ensure that the correct form and guidelines are being used. This way, you can have a judge look at both versions and make a determination. Please let me know if you have any other questions or if there's anything else I can assist you with right now.
No, thank you! Thanks for your time and advice.
Thank you so much for sharing your questions with me. I truly appreciate the opportunity to assist you and I am very glad you reached out. If you have any additional questions, now or later, I am here to help and happy to support you further.
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