In Kind Benefits, Military Overseas Housing Allowance, Count Towards Income For Child Support

In The Department of Revenue v. Price, the Fists District Court of Appeals for the State of Florida ruled that the Father’s overseas housing allowance should have been included as part of the Father’s gross income for the purposes of determining income for the calculation of child support.

Florida Statutes Section 61.30 broadly defines income and provides that the following not all inclusive list of items should be included as income for the purposes of calculating child support:

1. Salary or wages.

2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income.

4. Disability benefits.

5. All workers’ compensation benefits and settlements.

6. Reemployment assistance or unemployment compensation.

7. Pension, retirement, or annuity payments.

8. Social security benefits.

9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

10. Interest and dividends.

11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.

12. Income from royalties, trusts, or estates.

13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.

14. Gains derived from dealings in property, unless the gain is nonrecurring.