In Florida, child support is the financial contribution from both parents intended to cover the costs of raising a child. This obligation is a fundamental component of family law, ensuring that children maintain a certain standard of living after parents separate. The state considers this financial support a right belonging to the child, designed to provide for their care and well-being. The process is governed by state law to ensure fairness in the support provided.
Core Principles of Florida Child Support
Florida uses a specific method called the “Income Shares Model” to determine child support. This model is based on the idea that children should receive the same proportion of parental income that they would have received if the parents were living together. The state’s child support guidelines are presumptive, meaning courts must order the amount dictated by the formula unless there is a legally sufficient reason to deviate from it. This approach is founded in the Florida Statutes, which provide the official framework for the calculations.
Calculating Child Support Essential Factors
The calculation of child support in Florida hinges on several factors outlined in Florida Statute § 61.30. 1The Florida Senate. Chapter 61 Section 30 – 2021 Florida Statutes The primary component is the combined monthly net income of both parents. Gross income includes salary, wages, bonuses, self-employment income, and disability benefits, while allowable deductions to reach the “net” amount include federal and state income taxes, mandatory retirement payments, and court-ordered support for other children.
Another significant factor is the timesharing schedule, specifically the number of overnights the child spends with each parent annually. If a parent has the child for at least 20% of the year’s overnights, which is 73 nights, the child support calculation is adjusted. The more overnights a parent has, the lower their support obligation may be, as it is assumed they are covering more of the child’s daily expenses directly.
The costs for the child’s health insurance and any work-related childcare are also added to the basic support obligation. The parent who pays for these expenses receives a credit in the calculation. The total obligation is then divided between the parents based on their respective percentages of the combined income. A court may adjust the final amount by up to 5% without written justification, but a larger deviation requires a specific finding that the guideline amount would be inappropriate.
Gathering Your Financial Information for Child Support
Before a court can calculate child support, both parents must provide comprehensive financial details. This involves gathering documents such as recent pay stubs, federal tax returns with W-2s and 1099s, and proof of payments for the child’s health insurance and childcare costs.
The central document for this process is the Florida Family Law Financial Affidavit. This sworn statement requires a detailed breakdown of your monthly income, deductions, assets, and liabilities. There is a Short Form for individuals with an annual gross income under $50,000, and a Long Form for those earning $50,000 or more. 2Florida Courts. Family Law Financial Affidavit
These forms can be obtained from the Florida Courts website or the local clerk of court’s office. When completing the affidavit, you must convert all income and expenses to a monthly average. Accuracy is important, as you sign the document under penalty of perjury, and the information directly impacts the amount of child support ordered.
Obtaining a Florida Child Support Order
Once financial information is complete, the next step is to formally establish a support order. This can be done in two primary ways: through a court case or administratively via the Florida Department of Revenue (DOR). A court-based order is typically initiated as part of a divorce, a paternity action, or a standalone petition for support. This process involves filing the petition, formally serving the documents on the other parent, and potentially attending mediation or a hearing.
Alternatively, a parent can apply for services with the DOR’s Child Support Program, which can establish an order without initial court involvement. The DOR begins its process by serving the other parent with a notice that includes a proposed support amount. The parent can then agree or contest the action, which may lead to a hearing. This path is often used when parents were never married or when one parent is receiving public assistance.
Modifying an Existing Child Support Order in Florida
A child support order can be changed if there is a substantial, material, and unanticipated change in circumstances. Examples include a significant change in income, a change in the child’s needs, or a shift in the timesharing schedule.
To request a change, a parent must file a Supplemental Petition for Modification of Child Support with the original court. For a court to consider the change, the recalculated support amount must differ from the existing obligation by at least 15% or $50, whichever is greater. 3The Florida Senate. Chapter 61 Section 13 – 2021 Florida Statutes This threshold prevents modifications for minor financial fluctuations.
When Child Support Ends in Florida
The obligation to pay child support in Florida terminates when a child turns 18. The specific termination date is usually included in the support order. However, there are exceptions where support may continue past age 18.
As outlined in Florida Statute § 743.07, if a child is still in high school, support can extend until their graduation or 19th birthday, whichever comes first. 4The Florida Senate. Chapter 743 Section 07 – 2024 Florida Statutes Support can also continue for a child with a mental or physical disability that began before age 18 and renders them dependent. Conversely, the obligation can end before 18 if a child marries, joins the military, or becomes legally emancipated.