FAQ About Child Support in Florida
Divorce and child custody scissors cutting family apart
Child support is a court-ordered obligation of the financial responsibilities for a child’s care. Child support in Florida is the obligation of both parents, regardless of their relationship status (single/married/divorced). It includes maintenance, training, and education. How is child support determined in Florida? We answer the most frequently asked questions about child support.
How is child support calculated?
Child support in Florida follows a child support guidelines worksheet and an Income Shares Model of Support. This model is based on individual incomes and an estimate of what the parents would have likely spent on their child had they not divorced. The amount of child support payable is also based on the time-sharing schedule. It also includes the number of children involved. Another issue in calculating the amount of support is children from another relationship. Sometimes the parents can agree to a child support amount that falls within the guideline amount. The court will likely approve the amount if it is within the Florida guidelines. However, the judge has the authority to vary from the Guidelines in certain circumstances.
Who is granted child support?
The custodial parent, or the parent legally determined to be the majority time-sharing parent, usually receives child support from the non-custodial parent. But this depends on the income. Because usually, the custodial parent spends more time with the child, they will be the one providing direct financial support to the child. However, because the income of the parties is part of the calculation of child support this may not always be the case.
What if the parents have joint custody or equal time-sharing?
When parents share joint custody and time-sharing is equal, child support is still determined by the parents’ resources. The parent’s current assets and income from all sources are also considered. Even in an equal time-sharing arrangement child support may still be owed by one parent.
What does child support cover?
Child support aims to ensure that the child continues to be provided with an acceptable standard of living. This is based on what the parents may have spent on their child had they not divorced. Therefore, child support typically covers food, clothing, educational expenses, medical costs, hobbies, activities, and entertainment. Child support can also include household costs, such as utility bills. Child support is paid to the parent, not the child. Note that in Florida the child support guidelines have not changed in many years!
How is child support paid?
Child support may be paid by direct deposit, bank transfer, or state-issued debit card. If the parties agree child support can be paid directly to the receiving parent. In some circumstances, an Income Deduction Order for wage garnishment may be used to retrieve child support payments.
How long does a parent have to pay child support?
Under most circumstances, child support ends when the child reaches their 18th birthday. However, support may be required to continue beyond the child’s 18th birthday. When the child turns 18 while they are still in high school but will graduate child support will continue. If there is a special needs child there also may be a basis for the continuation of child support.
What if I can’t locate the parent who owes support?
Florida’s Child Support Program sometimes can help locate a parent that owes child support by using local, state, and federal resources. If you are finding a man that is not considered the child’s legal father, DNA testing will be required to establish paternity. Once paternity has been established after the administrative process child support will become the father’s court-ordered obligation.
Can child support be enforced?
Child support orders can be enforced to ensure that you receive child support payments regularly. Some methods used to enforce child support include income deductions, IRS intercepts, freezing bank accounts, real estate or personal property liens, lottery intercepts, passport denial, and suspension of licenses. The paying parent who fails to pay child support may be referred for contempt at court and potentially face penalties such as jail time.
Can child support be modified?
Circumstances can change; a parent may lose their job and source of income, or the parent may get a substantial raise. Anytime a parent experiences an increase or decrease in income, their child support obligation will be impacted, and child support payment amounts may need to be recalculated.
If you have any more questions about child support in Florida, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. For efficiency, all consultations are by telephone or video conferencing to protect our staff and clients.
Attorney Diaz exclusively practices divorce and family law in Florida. She has been providing legal services since 1995. She has extensive experience in high conflict cases. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.