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Child support is a critical component of family law cases in Florida. Whether you are the paying or receiving parent, understanding how support is calculated can help you plan for your child’s financial needs. Florida follows the Income Shares Model, which estimates the cost of raising a child based on both parents’ combined income and divides financial responsibility accordingly. The goal is to ensure that children maintain the same standard of living they would have had if their parents remained together. Keep reading for more information from Bernal-Mora & Nickolaou on child support in Florida.
How Is Child Support Calculated in Florida?
Florida courts use a statutory formula to determine child support obligations. The calculation process includes:
- Determining Gross Income: Each parent’s income is considered, including salary, bonuses, commissions, disability benefits, unemployment benefits, pensions, rental income, and spousal support.
- Applying Deductions: Certain deductions, such as federal and state taxes, mandatory union dues, health insurance premiums, and court-ordered support for other children, are subtracted from gross income.
- Timesharing Consideration: The number of overnights the child spends with each parent, as outlined in the parenting plan, affects the final support obligation. The more overnights a parent has, the more financial responsibility they may assume directly.
- Accounting for Additional Expenses: Costs for health insurance, uncovered medical expenses, daycare, and other child-related expenses are factored into the final calculation.
The formula provides a baseline for support obligations, but courts have the discretion to deviate under certain circumstances.
Is There a Cap on Child Support in Florida?
There is no specific maximum amount for child support payments in Florida. However, the statutory formula ensures that the obligation does not exceed a parent’s ability to pay. The court also considers the child’s pre-divorce standard of living and aims to maintain financial stability for them post-divorce.
While the court primarily follows the state guidelines, judges can adjust child support amounts by up to 5% without further justification. Any deviation beyond 5% requires a written explanation detailing why the guideline amount would be inappropriate or insufficient given the child’s needs and the parent’s financial circumstances.
Factors That May Influence Child Support Deviation
Though Florida’s child support guidelines provide structure, courts may modify the final amount based on unique circumstances, including:
- The child’s special medical or educational needs.
- Extraordinary expenses, such as travel costs for visitation.
- A significant income disparity between parents.
- A parent’s failure to exercise their designated timesharing schedule.
How Parenting Plans Affect Child Support
The number of overnights each parent has with the child directly impacts the child support calculation. Florida law recognizes that when parents share near-equal parenting time, financial responsibility should also be more evenly distributed.
For example, if both parents have at least 20% of overnight stays (73 nights or more per year), the court may apply an adjusted child support calculation that accounts for shared expenses. If a parent consistently fails to adhere to the parenting plan, the court may recalculate child support to reflect the actual timesharing arrangement.
What If a Parent Fails to Pay Child Support?
Failure to pay court-ordered child support can have serious legal consequences in Florida. The recipient parent may seek enforcement through:
- Income withholding orders: (garnishing wages directly from the paying parent’s employer).
- Contempt of court proceedings:, which could lead to fines, driver’s license suspension, or even jail time.
- Intercepting tax refunds: or other government benefits.
- Liens on property: or seizure of assets.
If your co-parent is failing to meet their child support obligations, seeking legal assistance can help you take appropriate action.
How Orlando Family Team Can Help
Navigating Florida’s child support system can be complex, especially when financial circumstances change or disputes arise. At Orlando Family Team, we assist clients with:
- Understanding and calculating child support obligations.
- Negotiating fair parenting plans that align with Florida’s laws.
- Modifying child support orders when income or timesharing arrangements change.
- Enforcing unpaid child support obligations through legal channels.
Child support is key to ensuring a child’s well-being and financial security. Whether you need to establish, modify, or enforce a child support order, our experienced family law attorneys are here to guide you through the process.
Contact Orlando Family Team today to schedule a consultation and protect your child’s best interests.
