Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
FS 61.30 is the Florida statute that supports your position and actually what the judge is saying as well. The child support statute says that your husband's gross income is considered for child support and it does not provide for any deduction for the fact that he has a US government garnishment from him for repayment of a debt. There is no case law that supports what your ex is arguing and all the case law says that gross income is what is considered and debt garnishment does not change what his gross income would be. See: Nelson v. Nelson, 651 So. 2d 1252 - Fla: Dist. Court of Appeals, 1st Dist. 1995