Trying to figure out child support during a divorce or family separation can be one of the most complex and difficult parts of the process.
Florida is one of the most expensive states to live in and has one of the highest inflation rates in the country. Childcare costs are also high – did you know that in Florida, infant care costs more than college? All that to say, raising kids is expensive, and it is even more expensive as a single parent with a single income. This means that how child support is set is a highly consequential matter for the paying parent and the receiving parent.
Florida family courts have child support guidelines and calculations, but all families are unique, and so sometimes deviations are necessary. It is not all black and white! Parents usually have a lot of questions about child support and how it works. While the best information is going to be given by an attorney who can give you legal advice based on your specific situation, here are 10 frequently asked questions about Florida child support to help you get started!
1 – How is child support calculated?
Florida law considers that child support is a legal right that belongs not to the receiving parent, but to the child. Neither parent can waive this right, even if they wanted to – child support will be paid in divorce cases or paternity cases involving minor children (the judge will make sure of it!).
The calculation for child support starts with the amount of overnight time-sharing that each parent has with the child. The idea is that the more time the parent spends with the child, the more expenses incurred for the benefit of the child (meals, school supplied, diapers, medicine, etc.), and therefore, the more child support is due by the other parent to contribute to these expenses
The second major consideration when it comes to how child support is calculated is the amount each parent earns in terms of income and their ability to contribute to child support. But there are also other factors within this category, such as whether one of the parents is paying for the child’s health insurance.
2 – How long will I make child support payments? Will I make the same payment forever?
In Florida, child support typically is paid until the child turns 18, but there are two important exceptions. The first is that if the child has special needs, child support may continue indefinitely; it will depend on whether or not they will ever be able to live and support themselves independently, and what their medical needs are like. The other exception is graduation. If the child turns 18 but is still in high school, and they will graduate before they turn 19, child support usually continues until they graduate. (This is up to the discretion of the courts, if your child support case goes to court.)
3 – What is the most money child support can take?
That depends on your income (which includes not only job income, but also interest and dividends, income from estates and royalties, spousal support, and more). Florida uses an “Income Shares Model”, which basically means that courts will estimate how much you and the other parent would have spent on your child if you had remained together, and then this amount is divided between you and the other parent based on your incomes (and of course, the amount of time-sharing).
There are guidelines with numbers per child and potential incomes that can be found at Florida Statute 61.30, but these are presumptive guidelines that a court may deviate from (if your case goes to court); again, it all depends on your unique case! The deviation authority of the court is limited to 5%.
4 – What if we share joint custody and equal time-sharing?
Unless your time-sharing is exactly equal, and your incomes are exactly equal, one parent will probably still pay more child support than the other. This is because again, that Income Shares Model mentioned above means that Florida is trying to arrange it so that the child has the same amount of financial support that they would have if they still lived with both parents, if the divorce had not occurred. Because of this, the non-custodial parent or the parent with the greater income may end up paying more in child support.
5 – What if the other parent is not paying/stops paying/says they will not pay child support?
This is an incredibly tough situation, and there are some steps you should take immediately to fix this.
The law compels them to pay child support, so you need to see an attorney as soon as possible in order to figure out what legal recourse is available to you and your child to receive the money they deserve and need. An attorney will typically file a special motion at the court to show that the court already ordered these payments to be made, and then provide proof of the payments that were never made and still owed.
(Do not worry about the cost of an attorney; often, the court may award attorney fees to you in a settlement or order the other party to pay the attorney fees.) The court will work to enforce these payments – they take child support seriously! Sometimes, that will looks like:
- Automatic income withholding – the court will issue an order that instructs their employer to withhold support payments from their paycheck and send them to the Florida State Disbursement Unit.
- Garnishing their wages (similar) – the Florida Department of Revenue (DOR) can issue a notice to an uncooperative parent’s employer to collect past-due child support.
- Incarceration – the court may go to such lengths as to arrest and jail a parent who is found in contempt in court or who does not appear in court and who has exhibited willful non-payment of child support.
However, the first temptation for many parents is to withhold visitation from the non-paying parent, to keep them from seeing the kids. Do NOT do this. Not only is it unfair to the children, but it is also against the court orders. You want to go to court with “clean hands”, meaning you are completely in the right when they consider your case. If you retaliated against the other parent, the court is less likely to look favorably upon you, even if you did not start it.
6 – How can I pay less child support?
If you are worried that you will not be able to pay all of the child support that has been ordered – especially if you had a change in your circumstances, like a job change, that is making it harder to keep up with the payments. The answer to making child support manageable for your circumstances is to work with a qualified attorney!
At Divorce & Mediation Law Firm | Cabanas Law Firm, we would start by reviewing the court order to make sure that it was reasonable, fair, correctly generated/calculated, and legally enforceable in the first place. If not, we can request the court to invalidate or modify it in some way.
However, even if the court order was properly made, it is still possible to reduce child support through a modification. We will have to prove there was a change of circumstances significant enough to warrant a change in how much child support you pay. For example, a medical disability, or terminated employment, or a substantial loss of income – in those situations, the court may approve a modification.
Seeking a modification can be challenging, so that is why it is extremely important to work with an attorney! (You only get one shot to modify for any given change of circumstances. Your finances, and even your freedom, are at stake!)
7 – Can you use mediation to work out child support?
Yes! Many parents are under the impression that they have to go to court and battle over child custody and support issues. This is not the case! In fact, the courts may require you to go to mediation first, and our firm highly encourages it in any case.
Mediation is a non-adversarial process that involves a neutral third-party professional who works with you and your co-parent to facilitate a compromise and come to an agreement without court involvement.
Mediation offers many benefits! It is
- Private
- Low conflict
- More affordable than going to court
- Easier on the children
- Gives you more control than if a judge were to decide
Our Florida child support attorneys are also certified mediators, meaning that we are trained in effective mediation techniques and have led many families through mediation successfully! We can serve as your legal representation in mediation or as the neutral mediator, whichever you prefer.
8 – Do I have to pay child support for a kid who is not mine?
No, you do not. However, you will need to officially disestablish paternity by having a DNA test. Florida law presumes that any child born during a marriage is the biological and legal child of that married couple; to overturn the presumption, you need to provide DNA evidence in court.
9 – Do fathers always pay child support?
Yes and no – both parents have a financial obligation to support the child, so, yes, but when most people ask this question, they are asking if moms always get the most time with the kids and dads always pay the most child support. That is not true – in Florida in 2024, time sharing and custody and child support are not based on gender. Florida wants both parents equally active in the kids’ lives, which may mean equal (or relatively equal) time sharing and equal (or relatively equal) child support payments.
10 – Can I restrict how the other parent spends the child support payments?
No. Neither parent is legally required to show how child support is spent (through the use of receipts or invoices).
Need an attorney for child support issues in Florida? Have more questions? Call Divorce & Mediation Law Firm | Cabanas Law Firm today!
Having an attorney on your side as you navigate child support issues can be extremely beneficial to you! An attorney knows the laws and the court system, as well as has familiarity with the local courts. They can advise you so you can make the best decisions for yourself, your finances, and your children! Call 954-447-2580 to request your Free 15-Minute Case Evaluation and get started.
