Family Law · Child Support
Why You Should Use an Attorney During Child Support Cases
Child-support issues look simple, but small mistakes can be costly. The educational approach is what protects you.
Child-support issues look straightforward, but without a lawyer's help you can run into expensive problems. Our attorneys take an educational approach with every client, taking the time to explain Florida's child-support laws so you understand what you're agreeing to. We work with men and women throughout South Florida in cases involving support, parenting time, time-sharing, and the inevitable adjustments that follow.
Florida's Guidelines and When to Deviate
Florida uses statutory child-support guidelines to determine payment amounts. Online calculators can give you a starting number, but it's still important to have a lawyer review your case. Deviations from the guideline amount are sometimes justified: special-needs children, extraordinary medical or educational expenses, and other unique circumstances can warrant adjustments. A judge who departs significantly from the guidelines must explain the reasons in writing. Shared time-sharing works differently, because it is built into the guideline formula itself, as explained below.
If your situation includes circumstances that may justify a deviation, we can help. Our team offers comprehensive representation for child support, child-support enforcement, child custody, and all related issues.
How Florida Calculates Child Support
The guidelines in Florida Statute 61.30 follow a set formula. Understanding each input is the best way to catch an error before it becomes a court order:
- Each parent's net income. The court starts with gross income from nearly all sources, including wages, bonuses, self-employment income, and many types of benefits, and then subtracts allowed deductions such as taxes, mandatory union dues, and court-ordered support paid for other children.
- Imputed income. If a parent is voluntarily unemployed or underemployed, the court can assign income based on what that parent could reasonably earn.
- The guideline schedule. The parents' combined net income and the number of children determine a basic support obligation, which is divided between the parents according to each one's share of the combined income.
- Health insurance and childcare. The children's health insurance costs and reasonable childcare costs related to work, a job search, or education are added and shared in proportion to income. Uncovered medical, dental, and prescription costs are typically shared the same way.
- Overnights. When the parent with less time-sharing has the child for at least 20 percent of the overnights in a year, a substantial time-sharing formula applies that accounts for the time the child spends in each home. That is why the overnight count in your parenting plan matters so much.
- Financial affidavits. Both parents must file sworn financial affidavits and exchange documents such as pay stubs and tax returns, so the numbers are based on evidence rather than estimates.
Modifying and Enforcing Support
A child support order can be modified when there has been a substantial change in circumstances, such as a significant change in either parent's income, a change in the time-sharing schedule, or a change in the child's needs. The change must go through the court. Until a new order is entered, the existing amount stays in effect, so it is important to act promptly when your situation changes. Learn more about post-judgment modifications.
When a parent stops paying, Florida has strong enforcement tools, including income withholding orders sent directly to the employer, contempt of court, driver's license suspension, and interception of federal tax refunds. The Florida Department of Revenue also runs a child support program that can help establish, collect, and enforce support. Child support cannot be wiped out in bankruptcy, and filing bankruptcy does not stop the collection of support.
Support, Separation, and Beyond
Child-support issues arise during divorce or separation, and in situations where unwed parents decide to split. When the parents were never married, paternity must be legally established, and that can be done in the same case that sets support. We handle them all, including modification when circumstances change and enforcement when payments stop. Whether you're paying or receiving, we work to make sure the number reflects the law and your reality.
Common Questions
Florida Child Support Questions, Answered
How is child support calculated in Florida?
Florida uses the statutory guidelines in Florida Statute 61.30. The court combines both parents' net incomes, applies the guideline schedule for the number of children, and divides the result according to each parent's share of the income. Health insurance and childcare costs are added, and the number of overnights each parent has can change the final amount.
How long does child support last in Florida?
Child support generally continues until the child turns 18. It can continue until age 19 if the child is still in high school, is performing in good faith, and is reasonably expected to graduate before turning 19. Support may also continue for an adult child who is dependent because of a mental or physical incapacity that began before age 18.
Does time-sharing affect how much child support I pay?
Yes. When the parent with less time-sharing has the child for at least 20 percent of the overnights in a year, Florida's guidelines use a substantial time-sharing formula that accounts for the time the child spends in each home. That is why the overnight count in a parenting plan matters so much for support.
Can child support be changed after it is ordered?
Yes. Either parent can ask the court to modify support when there has been a substantial change in circumstances, such as a major change in income or time-sharing. Informal agreements between parents do not change a court order, so the existing amount remains in effect until the court enters a new one.
What can be done if the other parent stops paying child support?
Florida has several enforcement tools, including income withholding through the paying parent's employer, contempt of court, driver's license suspension, and interception of federal tax refunds. The Florida Department of Revenue's child support program can also help with collection. An attorney can help you decide which route makes the most sense for your case.
Does bankruptcy get rid of child support?
No. Child support is not dischargeable in bankruptcy, and filing a bankruptcy case does not stop the collection of child support. Because our firm handles both bankruptcy and family law, we can explain how the two interact in your situation.
Can I get child support if we were never married?
Yes. Once paternity is legally established, for example through a voluntary acknowledgment of paternity or a court or administrative order, the same Florida guidelines apply as for married parents. Paternity and child support can often be decided in the same case.
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