When Your Ex Says They Make Less Than They Do
Florida child support isn’t based on a pay stub alone — it’s based on total gross income under §61.30, including retirement pay, investment income, and portfolio earnings. Here’s how hidden or complex income gets uncovered and factored into a fair calculation.
The one number that can blow up your child support case
Florida child support isn’t calculated off a pay stub. It’s calculated off total income — and when one parent’s income is complicated, that single number becomes the whole fight.
We see this constantly: one parent has a clean W-2, the other has retirement pay plus an investment portfolio nobody has fully disclosed. The gap between what a parent says they make and what they actually make can be the difference between a support order that works and one that doesn’t.
Florida law counts all income, not just the paycheck
Under Florida Statute §61.30, gross income for child support includes far more than salary. It includes bonuses, commissions, disability benefits, retirement and pension payments, rental income, and — critically — investment income, including dividends, interest, and capital gains.
If a parent has a brokerage account generating six figures a year on top of a stated retirement income, that account’s earnings belong in the calculation. Florida courts don’t let a parent’s income disappear into an account just because it isn’t a paycheck.
What total income actually includes
A parent drawing $120,000 a year from a pension might also be sitting on a portfolio that throws off another $80,000 to $100,000 in annual income. Combined, that’s a completely different support number than the pension figure alone.
Tax returns, 1099s, and brokerage statements are where this gets resolved. Until those documents are in hand, any support number built on the stated income alone is a guess — and usually a low one.
A real example: the $1,000-a-month gap
We’ve worked cases where using only a parent’s disclosed retirement income produced a support figure of roughly $200 a month. Once total income — including the undisclosed portfolio — was factored in using a reasonable estimate, that number jumped to $1,100 to $1,300 a month.
That’s not a rounding error. That’s the difference between a child getting the support they need and going without.
Your three options when a co-parent’s income is unclear
You generally have three paths. First, negotiate using a reasonable estimated income and put it in writing, accepting some risk in exchange for speed. Second, bring in a neutral financial expert — a Certified Divorce Financial Analyst — to review the documents and issue an impartial opinion both sides agree to honor. Third, set a support floor based on undisputed income now, with a court-ordered adjustment once full financial discovery is complete.
None of these are wrong. They’re trade-offs between speed and accuracy, and the right one depends on how much is at stake and how much conflict you can tolerate.
Don’t let “keep it simple” cost your child real support
Wanting a fast, amicable divorce is a good instinct. But fast and fair aren’t always the same thing when income is hidden behind retirement statements and brokerage accounts.
You can still move quickly. You just need someone looking at the actual numbers before you sign anything final.
Talk it through before you sign anything
Your intake goes straight to our team — start with a free consult or move straight ahead.