Child Support in Florida: A Guide to How It Works

 

Navigating a separation or divorce is challenging, especially when children are involved. One of the most critical aspects to resolve is child support. Understanding how it's calculated and enforced can feel overwhelming, but it's essential for ensuring your children receive the financial stability they need. This process is governed by specific state guidelines designed to be fair and consistent.

This guide will walk you through the key elements of child support in Florida. We'll explore how payments are calculated, the factors that influence the final amount, and what happens if payments are not made. Having this information can help you approach the process with more confidence and clarity, ensuring your child's well-being is prioritized.

How Florida Calculates Child Support

Florida uses a specific formula, known as the "Income Shares Model," to determine child support obligations. The core idea behind this model is that children should receive the same proportion of parental income as they would have if the parents were still living together. The courts combine both parents' net incomes to figure out the total amount of support available.

Here are the primary components of the calculation:

1. Determining Net Income

The first step is to calculate each parent's net income. This isn't just their take-home pay. Net income is determined by taking the gross monthly income and subtracting allowable deductions.

Gross income includes:

• Salary or wages
• Bonuses, commissions, overtime, and tips
• Business income
• Disability benefits
• Workers' compensation
• Unemployment benefits
• Pension, retirement, or annuity payments
• Social Security benefits
• Spousal support received from a previous marriage
• Rental income
• Royalties, trusts, or estates

Allowable deductions include:

• Federal, state, and local income taxes
• Social Security and Medicare (FICA) payments
• Mandatory union dues
• Mandatory retirement payments
• Health insurance premiums (for the parent and child)
• Court-ordered spousal support from a previous marriage
• Court-ordered child support for children from other relationships

Once each parent's net income is established, the two amounts are added together to get a combined monthly net income.

2. Applying the Child Support Guidelines

The combined net income is then applied to Florida's Child Support Guidelines Chart. This chart, found in Florida Statute 61.30, outlines the basic monthly support obligation for the number of children involved at various income levels.

For example, if the parents' combined net income is $5,000 per month and they have two children, the guidelines might indicate a basic support obligation of $1,437. This total amount is then divided between the parents based on their percentage share of the combined income. If Parent A earns 60% of the combined income, they would be responsible for 60% of the support obligation.

3. Factoring in Additional Costs

The basic support obligation isn't the final number. The court also considers other expenses necessary for the child's care. These costs are added to the basic obligation before the final amount is determined.

Common additional costs include:

• Childcare Costs: Work-related or education-related childcare expenses are included in the calculation.
• Health Insurance Premiums: The cost of the child's portion of health and dental insurance is added.

These expenses are typically divided between the parents based on their respective income percentages.

4. Adjusting for Parenting Time (Timesharing)

A crucial factor in the modern child support calculation is the amount of time each parent spends with the child. Florida law requires an adjustment if each parent has the child for at least 20% of the overnights in a year (which is 73 nights). This is often referred to as "substantial timesharing."

When this threshold is met, the calculation becomes more complex. It adjusts the support amount to reflect that each parent is covering the child's daily needs during their time with them. The parent with more overnights generally receives child support, but the amount is reduced to account for the other parent's direct spending during their timesharing.

The Court's Discretion

While the guidelines provide a formula, a judge can deviate from the calculated amount by up to 5% (either higher or lower) without a written explanation. A judge can also order a larger deviation if they provide a written justification explaining why the guideline amount would be unjust or inappropriate.

Reasons for deviation might include:

• Extraordinary medical, educational, or psychological needs of the child.
• The child having their own independent income.
• The paying parent having a significantly lower cost of living.
• The age of the child, considering greater needs for older children.
• The specific terms of the timesharing schedule.

How Child Support is Enforced in Florida

Once a child support order is in place, both parents are legally required to follow it. When a parent fails to pay, the other parent has several legal avenues for enforcement. The Florida Department of Revenue Child Support Program often assists with enforcement actions.

Common enforcement methods include:

• Income Withholding Order: This is the most common method. The court orders the paying parent's employer to deduct child support directly from their paycheck.
• Driver's License Suspension: A parent's driver's license can be suspended if they are delinquent on payments.
• Bank Account Seizures: Funds can be garnished from the non-paying parent's bank accounts.
• Tax Refund Interception: Federal tax refunds can be intercepted and redirected to cover past-due support.
• Contempt of Court: A parent who has the ability to pay but willfully refuses can be held in contempt of court. Penalties can include fines or even jail time.
• Property Liens: A lien can be placed on the non-paying parent's property, including real estate, which must be paid before the property can be sold.

It's important to act quickly if you are not receiving court-ordered child support. Delays can make it harder to collect the full amount owed.

Modifying a Child Support Order

Life circumstances change, and a child support order that was fair at one point may no longer be appropriate. Florida law allows parents to request a modification of a child support order if there has been a "substantial, material, and unanticipated" change in circumstances.

Common reasons for modification include:

• A significant increase or decrease in either parent's income (typically at least 15% or $50 per month).
• A change in the timesharing schedule.
• A change in the costs of daycare or health insurance.
• A child turning 18 and graduating from high school.

To modify an order, a parent must file a formal petition with the court. The parents cannot simply agree to change the amount themselves; it must be approved by a judge to be legally enforceable.

Get the Legal Guidance You Need

Child support calculations can be complex, and ensuring a fair outcome is vital for your child's future. The process involves detailed financial disclosures and a precise application of Florida's legal standards. Having an experienced attorney by your side can make a significant difference in protecting your rights and securing the proper support for your children.

If you are navigating a divorce or separation and have questions about child support, working with a knowledgeable professional is crucial. For those seeking a family law practice in Orlando, FL, our team is here to provide the expert guidance you need. We can help you understand your obligations, advocate for your child's best interests, and ensure the final order is just and equitable.

Contact Ilvento Law today for more information and to discuss your case with a dedicated legal professional.