Serving Pasco, Pinellas, Hernando and Hillsborough Counties
★★★★★ 4.6 from 111 Google reviews|(727) 372-4722
Serving Pasco, Pinellas, Hernando and Hillsborough Counties
★★★★★ 4.6 from 111 Google reviews|(727) 372-4722
Child support
Florida child support is calculated under a statutory formula from both parents’ net incomes, the number of children and the number of overnights each parent has. The result is a starting point the court can adjust within limits.
Because the guideline formula is fixed, most child support disputes are really disputes about the numbers going into it.
What counts as income for a parent who is self-employed or paid in cash, what the real cost of health insurance and child care is, and how many overnights each parent actually has all change the result. We make sure the inputs are right before the calculation is run, and we deal with support that is not being paid.
Under Florida Statute 61.30. Each parent’s gross income is reduced by allowable deductions such as taxes and mandatory retirement to reach net income. The two net incomes are combined, and a statutory table sets the total support amount for that combined income and number of children. Each parent is then responsible for their percentage share of that total, plus the same share of health insurance premiums and work-related child care.
The court can deviate from the guideline amount by up to five percent without explanation, and by more if it makes written findings about why the guideline amount would be unjust or inappropriate.
When a parent has the child for at least 20 percent of overnights in a year, which is 73 or more, Florida uses a different calculation that accounts for the fact that both households are supporting the child. The more evenly overnights are split, the closer the two obligations become, and the smaller the payment from one parent to the other. This is why the time-sharing schedule and the support amount are decided together.
Nearly everything: salary and wages, bonuses, commissions, overtime, self-employment income after ordinary business expenses, disability and workers’ compensation benefits, retirement and pension payments, rental income and, in some cases, recurring gifts. If a parent is voluntarily unemployed or underemployed, the court can impute income based on what that parent could reasonably earn.
Self-employment cases take the most work. Tax returns, bank statements and business records are usually needed to establish what the parent actually has available.
Until the child turns 18, or until 19 if the child is still in high school and is expected to graduate before turning 19. Support for a child with a disability that began before 18 can continue beyond that. Florida orders written after 2010 generally state a specific end date for each child so that the amount steps down automatically as each child ages out.
Yes, if there has been a substantial change in circumstances since the last order. For a permanent change, the difference between the existing amount and the new guideline amount generally has to be at least 15 percent or $50 a month, whichever is greater. Losing a job, a significant raise, a change in the time-sharing schedule or a child aging out are the usual reasons. Until the court enters a new order, the old amount remains due.
Support orders in Florida are enforceable through income withholding, driver’s license and professional license suspension, liens, interception of tax refunds and, ultimately, contempt of court. Enforcement can be brought by the parent who is owed support or through the Florida Department of Revenue. Unpaid support does not go away; it accrues with interest until it is paid.
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Common questions
General information about Florida law, not legal advice for your specific case.
Not on their own. Child support belongs to the child, and a court will only approve an amount below the guidelines if the deviation is justified and in the child’s best interests. An agreement to waive support entirely is generally not enforceable.
No. Child support is not deductible by the parent who pays it and is not income to the parent who receives it, under either federal or Florida law.
The guideline amount is intended to cover the child’s ordinary needs. Health insurance, uncovered medical expenses and work-related child care are added on top and split by the parents’ income shares. Private school and extracurricular costs are not automatically included and are usually addressed by agreement.
The state office that processes child support payments in most Florida cases. Payments are made to the Disbursement Unit and forwarded to the receiving parent, which creates an official record of what was paid and when.
No. Time-sharing and support are separate obligations. Withholding support because the other parent is not following the parenting plan puts you in violation of a court order. The remedy is to enforce the parenting plan, and we can do that for you.
Through a paternity action. Once paternity is established, by acknowledgment or DNA testing, the court enters a parenting plan and child support in the same way it would in a divorce.
The first consultation is free, by phone or in the office. Call during business hours or send a message and we will get back to you.
Catey & Maguire Law, P.L.L.C.
6230 Lafayette St, New Port Richey, FL 34652
Monday to Friday, 9:00 am to 5:00 pm. Saturday and Sunday, closed.
