Children Don’t Choose Divorce, But They Deserve Support.
You want your child’s financial future secured, and right now the numbers, the guidelines, and the other parent’s income are all contested variables standing between you and that. Florida’s child support formula looks straightforward until it is not, and knowing which figures to challenge, which to document, and when to push for a modification is what helps keep the final order working in your child’s favor for years.
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Your Child’s Future Depends on Getting the Numbers Right
Child support is about one number, but getting that number wrong affects your child for years. Florida uses a formula based on both parents’ income, healthcare costs, childcare, and how many overnights each parent has. The problem is that the formula only works when the financial information behind it is accurate. Cabanas Law Firm represents both paying and receiving parents in Miami, and we make sure the calculation is built on what is actually happening, not what one side puts on paper.
"Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals which helped me to feel confident and protected when making decisions."
What Our Clients Think of Cabanas Law Firm
Would recommend this firm to friends. I engaged them to handle making an adjustment to my divorce settlement agreement. As it was likely to cost less than the retainer in this case, they kindly agreed to refund any remaining money. They handled everything perfectly and professionally, and I’ve just received a check with the remaining funds. Thank you Cabanas
I would highly recommend attorney Sergio Cabanas to anyone going through a divorce. In fact, I’ve already referred some of my friends. His knowledge of family law was evident from the get-go and it helped me to feel confident and protected when making decisions. His communication skills are outstanding. Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals.
Mauricio Cubas
My experience with Cabanas Law Firm was outstanding, thanks to Erick Estrada, the case manager, and Attorney Sergio Cabanas. Erick was incredibly supportive, keeping me informed and making sure every step of the process was smooth and stress-free. His professionalism and dedication truly set him apart. Attorney Sergio Cabanas provided expert legal guidance, ensuring the best possible outcome for my case. I highly recommend their team for anyone seeking reliable and compassionate legal assistance.
Cabanas Law Firm is amazing! The whole team is super professional and really cares about their clients. A big shoutout to Nichol, the paralegal, for being so helpful and responsive. She went above and beyond to answer my questions and provide guidance. If you need a great law firm, this is the one to go with.
Practice areas
Child support calculations in Miami depend on time-sharing arrangements and time-sharing schedules, so changes in parenting time can shift the financial obligations throughout your case. Our Miami child support attorneys coordinate across these connected areas so the full financial picture stays intact.
Divorce
Divorce
High NetWorth Divorce
High Net Worth Divorce
Divorce Mediation
Divorce Mediation
Alimony
Alimony
Family Law
Family Law
Your family's future shouldn't wait for We're changing how Florida does family law.
Child Custody/ Timesharing
Child Custody/ Timesharing
ChildSupport
ChildSupport
Asset & Debt Division
Asset & Debt Division
Simplified & Uncontested Divorce
Simplified & Uncontested Divorce
DomesticViolence
DomesticViolence
Your Case Won't Wait. Neither Will We.
When you are searching for a Miami child support firm, what matters is not just what they know about the numbers, but how they handle the rest of your case that those numbers connect to. We built our practice to take that weight off you, not add to it. Here is how we do things differently for your case.
We speak your language, including Spanish, Russian, and Arabic.
This is all we do. Every resource, every team member, every case.
We have handled the full range of Florida divorce matters.
What matters most in a child support case in Miami is that the numbers reflect reality, not a snapshot that no longer fits your life. Our Miami child support attorneys follow a structured process that begins by building a complete picture of income, expenses, and the actual needs of your children. Because circumstances shift over time, we work to reach terms that hold up and can be revisited when your situation changes. Support that works for your children now and accounts for what comes next is what this process is built to achieve.
Step 1
In‑Depth Discovery
There is a lot that goes into a divorce case, and the details matter more than most people expect. We learn everything we can about your situation, your family, and the other side. That preparation is where outcomes are shaped.
Built Around Your Goals
The goals you set out to achieve are what drive every decision we make, from your case evaluation through the final resolution. Every strategy, filing, and negotiation is measured against what actually matters to your family.
Life on Your Terms
We work to resolve your case with as little disruption to your life and finances as possible, so at the end of it all, it is your life on your terms.
FAQ
Trying to figure out what the child support number should be, or whether the current one is still right? These answers break down how the calculation works and what can change it.
Florida uses a statutory formula based on both parents' net incomes and the number of overnights each parent has with the child. The more overnights a parent has, the more that factors into the calculation. Unlike alimony, child support follows a guideline amount that leaves less room for judicial discretion, though the court can deviate from the guidelines in certain circumstances.
The calculation starts with both parents' combined net income. From there, the formula considers the number of children, the cost of health, dental, and vision insurance for the children, daycare expenses, and how many overnights each parent has. The timesharing split matters because a parent with more overnights incurs more direct expenses for housing, food, and daily care.
The court can deviate from the guideline amount if there are special circumstances, such as a child with medical needs, educational expenses, or other factors that the standard formula does not account for. But the starting point is always the guideline calculation, and the burden falls on whoever is requesting a deviation to show why it is justified. An attorney can run the numbers for your specific situation and identify whether any deviation factors apply.
Child support in Florida continues until the child turns 18. If the child is still in high school at 18 and is reasonably expected to graduate before turning 19, support continues until graduation. Support also ends if the child marries, joins the military, or is otherwise legally emancipated before reaching 18.
The age cutoff is straightforward, but the practical questions around it are not. If a child turns 18 midway through the school year and is on track to graduate, the paying parent cannot simply stop payments. The obligation extends through graduation as long as it happens before 19.
If circumstances change before the child reaches majority, either parent can seek a modification. A parent who loses a job, becomes disabled, or experiences a significant change in income may petition the court to adjust the amount. The other parent can also seek an increase if the paying parent's income rises substantially. Under the 2023 revisions to the law, the "unanticipated" requirement for modification was removed. The change must be substantial and material, but it no longer needs to have been unforeseeable at the time of the original order.
The consequences are serious. The Florida Department of Revenue has broad enforcement powers: wage garnishment, interception of tax refunds, suspension of your driver's license and passport, and contempt of court proceedings that can result in jail time. A court-ordered obligation to pay child support does not go away because you stop paying. The unpaid balance accumulates with interest, and judgments are renewable every twenty years.
If child support was ordered through the Department of Revenue, enforcement is largely automatic. If it was ordered through a family court, the receiving parent can file a motion for contempt to compel payment. Either way, the obligation survives even if you lose your job or experience financial hardship. The court expects you to file for modification if your circumstances change, not to simply stop paying.
Unpaid child support, known as arrears, does not have a statute of limitations once a judgment has been entered. The receiving parent can pursue collection at any point, and the amount owed continues to accrue interest. If you are falling behind or anticipate that you will, consulting an attorney about a modification is far less expensive than dealing with enforcement proceedings after the fact.
No. Florida law does not require the receiving parent to account for how child support money is spent. There is no mechanism to demand receipts, approve expenses, or restrict spending to specific categories. The court's position is that child support contributes to the overall household in which the child lives, and the receiving parent has discretion over how that household operates. The exception is if the parties agree to specific terms in a settlement agreement.
This frustrates many paying parents, especially when they believe the funds are not being used for the child's direct benefit. But the legal system has consistently declined to impose spending oversight. The rationale is that even if the receiving parent spends the child support on their own expenses, the assumption is that their other income then goes toward the child. Requiring an accounting would be too cumbersome to enforce and too invasive to administer.
However, if the child is not being properly cared for, that is a separate issue. A parent who can demonstrate that the child lacks adequate food, housing, medical care, or school supplies may have grounds to seek a modification of timesharing or a change in the parenting arrangement. The remedy is not controlling the other parent's spending. The remedy is changing the custody arrangement so the child's needs are met. An attorney can evaluate whether the facts support that kind of motion.
Yes, if there has been a substantial and material change in circumstances since the original order. Under the 2023 revisions to the law, the previous requirement that the change be "unanticipated" was removed. Common examples include a significant job loss, a serious medical condition, disability, a substantial increase in either parent's income, or a change in the timesharing arrangement that affects the overnight count used in the calculation.
The court does not allow modifications simply because one parent is unhappy with the amount. The change must be significant enough to affect the guideline calculation. A temporary job loss of a few months may not justify a formal modification, though it may be negotiated informally between the parents.
If the change is drastic, like a permanent disability or a layoff with no comparable replacement income, a petition for modification is the correct path. The court will recalculate the guideline amount based on the new financial circumstances. Until the modification is granted, the original order remains in effect and must be complied with. Falling behind while waiting for a hearing creates arrears that the court will expect to be addressed. Filing promptly when circumstances change is important.
You have two enforcement paths. If the child support order was established through the Florida Department of Revenue, they have the authority to garnish wages, intercept tax refunds, suspend licenses, and pursue other collection measures on your behalf. If the order was established through family court, you can file a motion for contempt, which can result in the court ordering payment, imposing sanctions, or in serious cases, jail time for willful non-compliance.
The Department of Revenue handles enforcement aggressively and at no cost to the receiving parent. They can locate the non-paying parent's employer, initiate income deduction orders, and take action without requiring you to file additional motions. If the paying parent is self-employed or working under the table, enforcement becomes more complicated, but forensic tools like bank subpoenas and lifestyle analysis can help establish actual income.
If child support was ordered in a paternity or divorce case and the Department of Revenue is not involved, you may need to file a motion for contempt in family court. The court evaluates whether the non-payment was willful, meaning the parent had the ability to pay and chose not to. A parent who genuinely cannot pay due to disability or unemployment may not be held in contempt, but the obligation does not disappear. An attorney can help you determine which enforcement path is most effective for your situation.
It depends on whether a court order was ever entered. If there is an existing judgment ordering child support and the paying parent fell behind, those arrears can be collected at any time with no statute of limitations. If no court order was ever entered, the parent seeking support can only go back two years from the date the action is filed.
This distinction catches many people off guard. A parent who had a child support order but never enforced it can still pursue the full unpaid balance years or even decades later, with interest. The obligation was established by the court and the failure to collect does not erase it.
If no money judgment for arrearages was entered and the child reaches eighteen, the claim becomes the child's claim to enforce, not the parent's. On the other hand, a parent who never filed for child support, whether through the Department of Revenue or through a paternity or divorce case, is limited to a two-year lookback from the date the action is initiated. If the child is now emancipated and no legal action was ever filed, the window for collecting past support is narrow. An attorney can evaluate your timeline and advise on what is still recoverable.
Our Locations
18503 Pines Blvd, Suite 301, Pembroke Pines, FL 33029
550 S Andrews Ave, Suite 510, Fort Lauderdale, FL 33301
1937 E Atlantic Blvd, Suite 102, Pompano Beach, FL 33060
2800 Weston Rd, Suite 101, Weston, FL 33331
Child support calculations can affect your monthly finances and may help provide for your child’s needs. When you are ready to address these obligations, a confidential Case Evaluation is a practical way to move forward.
This initial conversation allows us to confirm that we handle your specific type of support matter and that the case is located in Miami-Dade County or another area we serve. We also review the details for potential conflicts of interest so we can determine if we are the right fit for you.
Reach out now to connect with our child support team in Miami.
