What counts as income for child support in Florida?

Section 61.30(2)(a), F.S. includes wages, bonuses, commissions, tips, business and self-employment income, interest, dividends, net rental income, gains from property dealings, and reimbursed expenses or in-kind payments to the extent they reduce living expenses.

Can a Florida court impute income to a parent who quit a job?

Yes, if the court finds the unemployment or underemployment is voluntary and not caused by incapacity or circumstances beyond the parent’s control. It considers recent work history, qualifications and local earnings levels under s. 61.30(2)(b), F.S.

How do you prove a self-employed parent earns more than they report?

With lawful evidence: public business and property records, observation of the business from public places, lifestyle spending that does not match the reported income, and public online activity. Your attorney then uses that evidence to target discovery.

Is surveillance legal in a child support case?

Yes, when it is done from public places and without trespassing, harassment or covert audio recording. Florida requires all-party consent to record conversations under s. 934.03, F.S.

Proving Hidden Income for Child Support in Florida

Q: Can a private investigator get the other parent’s bank records?

Not by pretexting. Federal law, 15 U.S.C. § 6821, prohibits obtaining bank customer information by false statements. Bank records come through your attorney by subpoena or discovery. The narrow exception for investigators applies only to collecting support already found delinquent, with a court order.

Florida calculates child support from each parent’s gross income under the guidelines in s. 61.30, F.S. If a parent is paid in cash, runs a business that absorbs their personal expenses, or quit a good job to look poor on paper, the number on their financial disclosure may be far below reality. The solution is evidence: documents and observations that show what the parent actually earns or could earn. This article explains what Florida counts as income, how imputed income works, and how a licensed investigator documents undisclosed income without crossing legal lines. It is general information; your family law attorney decides strategy.

What counts as income for Florida child support?

Section 61.30(2)(a) lists what gross income includes. It is broader than a paycheck. Among other items, it covers:

Salary or wages, plus bonuses, commissions, allowances, overtime and tips.
Business income from self-employment, partnerships, close corporations and independent contracts.
Interest and dividends.
Rental income, meaning gross receipts minus the ordinary and necessary expenses of producing it.
Reimbursed expenses or in-kind payments to the extent they reduce living expenses.
Gains from dealings in property, unless the gain is nonrecurring.

That in-kind provision matters in real cases. A company car, a phone, meals, or housing paid by a business the parent controls can count as income when it reduces what the parent would otherwise spend to live.

What is imputed income?

If a parent is voluntarily unemployed or underemployed, the court imputes income to them unless the situation results from physical or mental incapacity or other circumstances beyond their control (s. 61.30(2)(b)). The court looks at employment potential and probable earnings based on recent work history, occupational qualifications and the prevailing earnings level in the community.

Two details shape the evidence you need:

A party asking the court to impute income at a level other than the statutory default must present competent, substantial evidence that the unemployment or underemployment is voluntary and identify the amount and source of the imputed income.
Income cannot be imputed from records more than 5 years old at the time of the hearing, or at a level the parent has never earned, unless the parent was recently degreed, licensed or certified for that level.

The statute also provides for automatic imputation when a parent fails to participate in the proceeding or to supply adequate financial information. In other words, vague suspicion is not enough; a judge needs facts about the parent’s actual work, history and earning capacity.

How does an investigator document hidden income?

A licensed investigator builds a factual picture from lawful sources and gives your attorney something concrete to use in discovery and at hearing.

Public records

Corporate filings showing the parent as an officer, manager or registered agent; property records showing purchases, rentals or refinancing; vehicle and vessel records where lawfully accessible; professional licences; court records from other lawsuits that disclose income or business interests; and public filings from a business the parent says “barely makes anything.”

Observation of the business

For a parent who claims a business is struggling, lawful surveillance from public places can document whether it is open, how busy it is, whether the parent is present and working, and whether work vehicles or job sites suggest steady activity. For a parent who claims they cannot work, observation can show whether they are in fact working, for cash or for someone else.

Lifestyle evidence

Spending that does not match reported income: a new vehicle, a boat, regular travel visible in public posts, an upscale lease, private-school payments, a home renovation. Lifestyle evidence does not prove a specific number by itself, but it gives your attorney grounds to dig deeper through discovery and to question a financial affidavit.

Online presence

Public business pages, advertisements, review sites and social media showing jobs, clients, or a side business. Investigators capture this with dates and URLs so it can be authenticated later.

Where the line is: federal law makes it unlawful to obtain, or ask someone else to obtain, a person’s financial institution customer information by false statements to the bank or to the customer, or by forged or fraudulent documents (15 U.S.C. § 6821(a)–(b)). The law has a narrow exception for a state-licensed investigator collecting child support from a parent a court has already found delinquent, and only when authorized by a court order or judgment (§ 6821(g)). Proving income before support is set is not that situation. Bank records come through your attorney, by subpoena or discovery. Investigators also do not log into anyone’s accounts or record private conversations; Florida requires all-party consent (s. 934.03, F.S.).

How does the evidence get used?

Your attorney uses the investigator’s findings to target discovery, for example subpoenas to a business’s bank, requests for the company’s books, or questions at deposition about a vehicle titled to the business. The investigator’s written report, photographs and video can support a request to impute income, and the investigator can testify about what they personally observed. Our article on whether a PI can testify in court explains how that works.

Income versus assets

Child support is about income, what a parent earns or could earn. Property division is about assets, what a spouse owns. The work overlaps, but the questions differ. If you also suspect assets are being hidden in a divorce, see how to find hidden assets in a divorce or lawsuit and how investigators find hidden bank accounts.

What should you gather before calling an investigator?

The other parent’s full name, date of birth, addresses and vehicles.
Names of any businesses, past employers, trade or licence, and job sites you know about.
Their financial affidavit, if one has been filed, and the case number.
Examples of spending that does not fit their reported income.
Your attorney’s contact information and any hearing dates.

Miami Private Investigations is licensed in Florida under agency licence A1800135 and works with parents and family law attorneys in Miami-Dade and statewide. Call (305) 686-7826 or contact us for a confidential consultation.