Child Support in Florida

Child Support is one of few areas in Florida Family Law where the parties have minimal discretion in setting the amount of support due to a child.  Florida imposes Child Support Guidelines and considers the payment to be a benefit of the child, rather than the parent – thus, it cannot be simply waived away without explanation to the Court. The key is to ensure proper information is provided so that the Court (or your attorney) can accurately calculate support and then seek to deviate when and if it is appropriate.​

In an initial determination of child support in either a paternity or divorce case, the family court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition at issue.  However, if you have already had a case with Department of Revenue (DOR) in this or any other state (either Title IV or by Administrative Order), or you have had child support ordered in either a Dependency or Domestic Violence case, then there will be certain limitations. Be sure to inform your attorney – and the court – if any prior such orders or cases exist, as they will need to be considered.

Basic Information Necessary to Determine Child Support

• Whether a parent has any prior born children to whom they pay court ordered support – and if they are current in those payments.
• The number of children at issue, and their dates of birth
• Net monthly income of both parties (generally the gross income, minus taxes and certain permitted deductions (such as health insurance or mandatory (not voluntary) pension/retirement contributions), and before household and discretionary spending.
• The timesharing schedule
• Childcare expenses necessary for employment, no matter which parent has need
• The portion of the health insurance cost solely related to the children.  Note: the employer or insurance provider of the spouse is able to give a breakdown to determine this amount where insurance is otherwise designated as “family” or “spouse plus family.”

Support will be calculated by what is called a “step down,” which means as each child “ages out” (reaches age 18 or graduates high school, whichever comes first, but not past age 19) the monthly amount will decrease.  There are also certain situations where a child might have “special needs” that entitle them to continued support from both parents past the age of majority – but those are case specific and something you would have to discuss with an attorney to determine if your situation qualifies.

Calculating Child Support in Florida

Child support can be one of the easiest or the most complicated issues in your case.  If both parties are strict W-2 employees with no significant overtime or bonuses, and there is a parenting plan (or at the minimum a time-sharing schedule), then child support is a simple calculation.

However, when a parent earns commissions, bonuses, or otherwise has an income that might fluctuate, things can take a bit more time to assess. In fact, income of the spouses is often one of the most disputed issues in a divorce, not just for child support but in calculating alimony. Certain factors need to be considered such as:

• If a parent is self-employed and/or is a partner in a business
• If a parent is voluntarily under or unemployed. If a parent receives deferred compensation (i.e. stock options) as part of their pay structure)
• Regular and recurring income received from an investment, a trust, or capital gain.
• Regular and recurring support from family members
• If alimony is at issue (in which case it is taken from the payor’s income and added to the payee’s income for the duration of the alimony award).
• Assignment of the tax deduction (which actually increases the obligation for the party to whom it is assigned, as it increases their income).

Expenses for the Children in Addition to Support

In addition to the monthly support, the Court will also order the parties to pay additional expenses for the child.  The Court will typically order both parties to contribute to the agreed to extracurricular activities and uncovered medically necessary health expenses related to the child at what is called their “pro rata” share (i.e. proportional to the parents’ percentage of their combined incomes).

If the children are in private school (and have been for some time), then the Court may order one or both of the parties to pay these costs associated with private school, provided the appropriate request is made, there is ability to continue to pay the expense, and the requesting party can demonstrate it to be in the continued best interest of the child

Questions about Child Support in Florida? Call us at 407-403-5990 or contact us (below) to schedule your appointment.