Child Support – Deviation From Child Support Guidelines in Florida

A deviation from the child support guidelines must be based upon a ground not already expressed in the deviation statute.

A deviation may not be based upon a verbal time-sharing agreement. “While the foregoing provision allows the trier of fact to deviate from the child support guidelines to ‘achieve an equitable result,’ this allowance is prefaced by the phrase ‘[a]ny other adjustment that is needed.’ § 61.30(11)(a)(11), Fla. Stat. The addition of the term ‘other’ indicates the adjustment must be based on some other grounds not already expressed in the subsection. Id…Thus, the plain language of the statute prohibits a trial court from deviating from the guidelines based on a verbal visitation agreement even where equity compels the deviation.” Dep’t of Revenue o/b/o Alanna H. Sherman v. Daly, 36 Fla. L. Weekly D2515, 2516 (Fla. 3d DCA November 16, 2011)