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Court case connects minimum wage increase with child support

On Behalf of | Jan 13, 2023 | Child Support |

Many Florida workers can expect a wage increase this year. The state’s minimum wage will increase to $12 this September. Under a constitutional amendment passed in 2020, the state’s minimum wage will rise a dollar a year for the next few years. It will reach $15 an hour by 2026.

Date of final judgment of divorce determines calculation

A recent court case from the District Court of Appeal for the Florida’s Fourth District highlights how public policy can impact terms of a divorce.

The wife of a couple married in 1992 petitioned for divorce in February 2018. The husband worked as airline captain; the wife was a homemaker for most of the marriage, though she worked part-time at the time of the trial.

The court reversed several provisions of the final judgment of the trial court, including the erroneous calculation of child support the husband owed. Having entered final judgment in early 2021, the trial court should have applied the “prevailing” minimum wage rate for that year, not the rate in 2020.

Furthermore, the court rejected the wife’s argument that state law permits to alter the amount of child support by 5%. The trial court did not consider any factors, but merely miscalculated the amount.

Experience matters

Often, those involved in a divorce or separation feel far removed or uninterested in public policy and legalese. Laws, however, determine how the courts interpret conflicts and resolve issues. An attorney familiar with child support and related issues who understands the relationship can offer guidance.