Florida Child Support

Florida calculates child support using the Income Shares Model in Florida Statutes § 61.30. The premise is that the child should receive the same proportion of parental income that the child would have received if the parents lived together. The guideline amount is presumptive -- the court must order the guideline number unless it makes specific findings supporting a deviation.

How the Guideline Is Calculated

The calculation is mechanical but requires accurate income data. The steps are:

• Determine each parent's monthly gross income, including wages, self-employment income, bonuses, commissions, rental income, dividends, interest, and Social Security benefits
• Subtract allowable deductions (federal income tax, FICA, Medicare, mandatory retirement, mandatory union dues, health insurance for the parent, court-ordered support for other children actually being paid, and spousal support paid in the current case) to arrive at net monthly income
• Combine both parents' net monthly incomes
• Use the schedule in Florida Statutes § 61.30(6) to find the basic monthly obligation for the number of children at that combined income level
• Add health insurance premiums attributable to the children and work-related childcare
• Allocate the total support obligation between the parents in proportion to their respective shares of combined net income

Time-Sharing Adjustments and the Gross-Up Method

When each parent exercises at least 20% of the overnights with the child in a year, the court applies the gross-up method under Florida Statutes § 61.30(11)(b). The gross-up method increases the basic obligation by 1.5 to account for duplicate expenses in two households, then allocates the result based on each parent's percentage of overnights. Cases with equal or near-equal time-sharing produce a noticeably lower transfer payment under this method than under the basic guideline calculation.

Imputed Income

When a parent is voluntarily unemployed or underemployed, the court can impute income based on the parent's recent work history, occupational qualifications, and prevailing earnings in the community. The party seeking imputation typically presents evidence from a vocational evaluator, salary surveys, or the other parent's tax returns.

Deviations

The court may order an amount above or below the guideline by up to 5% without findings, and more than 5% with written findings. Florida Statutes § 61.30(11) lists factors that justify a larger deviation, including extraordinary medical or educational expenses, the seasonal variation of one parent's income, the age of the child, the assets of the child or parent, and any other adjustment necessary to achieve an equitable result.

Health Insurance and Uncovered Expenses

The court must address which parent is responsible for the child's health insurance and how uncovered medical, dental, and prescription expenses are split. The standard allocation tracks the same percentage as the child support obligation, though parties can agree to a different split.

Duration and Termination

Child support generally ends when the child turns 18, but it continues if the child is between 18 and 19, is still in high school, has a reasonable expectation of graduating before turning 19, and is performing in good faith with a reasonable expectation of graduation. Support also continues indefinitely for a child who is mentally or physically incapacitated, where the dependency began before the age of majority.

Modification

Florida child support orders may be modified when there is a substantial change in circumstances that is permanent, material, and involuntary. A new guideline calculation showing at least a 15% or $50 per month difference (whichever is greater) creates the required substantial change.

Enforcement

Florida enforces child support through income withholding, suspension of driver's licenses, professional and recreational license suspension, denial of passports, interception of tax refunds, and contempt proceedings. The Florida Department of Revenue handles many enforcement matters administratively. Private counsel handles court-based contempt and arrearage actions.

Call 786-522-1411 to discuss calculating, modifying, or enforcing Florida child support.