Child Support: A formula with several moving parts.
In Florida divorce or paternity cases involving minor children, child support generally must be addressed in the final judgment. The amount is determined primarily by Florida’s child support guidelines. I work with clients to identify and analyze the financial information used to calculate child support to help ensure a fair and accurate result.
The process
How child support gets calculated.
Every Florida divorce, paternity case, or custody case with children ends with a child support figure in the final judgment. The court runs a statutory formula rather than picking a number, so the inputs decide the result.
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01
Both parties incomes are considered.
Florida’s child support guidelines consider income from many sources, including wages, bonuses, retirement income, disability benefits, investment income, and self-employment income. Pay stubs, tax returns, and business records may be needed to determine each parent’s actual income.
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02
We determine allowable deductions and expenses.
Taxes, mandatory retirement contributions, certain support obligations, childcare costs, and the child’s health insurance can all affect the child support calculation. We review them carefully to make sure the calculation is based on the right numbers.
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03
Overnights are determined.
The number of overnights each parent has can significantly affect the amount of child support. In a contested time-sharing case, child support cannot be finalized until the time-sharing schedule is determined.
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04
We calculate the child support guideline amount.
I calculate the guideline amount using the same child support software commonly used by Florida courts.
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Other factors may justify a deviation from the child support guidelines.
When a parent has at least 20% of the annual overnights, the time-sharing schedule is factored directly into the child support calculation. Other expenses, such as extraordinary medical or educational costs, may justify a deviation from the child support guidelines.
Florida treats support as the child’s right.
That is why a court will not simply let parents agree to zero, and why getting the inputs right matters more than arguing about the output.
What drives the number
The four inputs that move child support.
Most child support disputes come down to one of these four issues. Knowing which one is driving the dispute in your case helps identify where the work needs to go.
What each parent really earns.
Overtime, bonuses, a side business, or income that is easy to understate when you work for yourself.
The overnight count.
Once a parent has at least 20 percent of the overnights, the formula changes. Disputes over the schedule are often disputes over support underneath.
Imputed income.
A parent who is voluntarily unemployed or underemployed can be treated as earning what they could earn, based on work history and the local job market.
The child’s actual expenses.
Health insurance, childcare, and extraordinary medical or educational expenses can materially affect the child support calculation.
Two paths
Setting support, or changing it?
Establishing child support for the first time and modifying an existing order are different cases with different legal tests. Make sure you are on the right page.
Child support
There is no support order yet, or one is being set as part of a divorce or paternity case.
You're reading about it nowModifications
An order exists and your income, the other parent's income, or the schedule has changed substantially.
See modificationsCommon questions
What people ask about child support.
Can my spouse and I agree to no child support?
Generally, no. Florida courts treat child support as a right of the child, not something parents can simply waive. If both parents believe the guideline amount does not fit their circumstances, they may ask the court to approve a deviation. Any significant deviation must be supported by specific reasons the court can address in its findings.
How accurate are online child support calculators?
It varies. Some online calculators miss Florida’s adjustments for time-sharing, health insurance, and childcare, or rely on outdated information. I use regularly updated professional child support software, together with your actual financial information and my legal experience, to calculate the guideline amount
My ex is self-employed and says they earn almost nothing. What now?
This is a common situation. Business records, bank statements, and sometimes a forensic accountant are how the real number surfaces. A court can also impute income to a parent who is capable of earning more than they report.
Does 50/50 time-sharing mean no child support?
Not by itself. Equal overnights reduce support under the formula, and Florida now presumes equal time-sharing, but if one parent earns substantially more, support usually still flows from the higher earner. The formula accounts for both.
We are separated but not divorcing. Can I still get child support?
Yes. Florida does not have legal separation, but a married parent may ask the court to establish child support without filing for divorce. The court generally does not divide marital property in that type of case, so it is important to determine whether it is the right option for your circumstances.
How long does child support last?
Child support typically ends when a child turns 18. It may continue through high school if the child is expected to graduate before age 19. Support may also continue into adulthood for a disabled child if certain legal requirements are met. The final judgment should clearly state when support ends for each child.
Talk about jumping through hoops to support his client. I mean we sat down fired through everything, he gave me a list of what needed to be done. He stayed on top of where my documents were and kept me informed of how the process worked from start to finish.
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Call to schedule a consultation to discuss how Florida child support law may apply to your situation and the issues that could affect the outcome.
