How Florida Calculates Child Support
Short answer: Florida calculates child support using statutory guidelines that combine both parents' net incomes, find the basic support amount for that income and number of children, then split it by each parent's share of income. Health insurance and child care are added, and the result is adjusted when each parent has the child at least 20 percent of overnights.
Child support in Florida is not a judge's guess. It follows a formula set by statute, and most of the work in a support case is making sure the numbers going into that formula are accurate.
The basic steps
- Find each parent's net income. Start with gross income from all sources, then subtract taxes, mandatory retirement, health insurance premiums and certain other allowed deductions.
- Combine the incomes. Add both parents' net monthly incomes together.
- Find the guideline amount. Look up the basic monthly support for that combined income and number of children in the statutory schedule.
- Divide by income share. Each parent is responsible for their percentage of the combined income.
- Add health care and child care. The children's health insurance, uncovered medical costs and work-related child care are added and shared.
- Adjust for overnights. If each parent has at least 20 percent of the overnights, a substantial time-sharing adjustment applies.
What counts as income
- Wages, salary, overtime, commissions and bonuses
- Business and self-employment income, after ordinary expenses
- Military allowances, disability benefits and Social Security
- Rental income, interest and dividends
- Alimony received from someone else
Imputed income: If a parent is voluntarily unemployed or underemployed, the court can impute income based on their work history and earning ability.
The 20 percent overnight threshold
When each parent has the children for at least 20 percent of the overnights in a year, which is 73 nights, Florida uses an adjusted calculation that reflects both households' costs. Under an equal time-sharing schedule, the parent with the higher income usually still pays some support, but often less than under a traditional schedule.
Deviating from the guidelines
A judge can order support that differs from the guideline amount by more than 5 percent only after explaining why, in writing, the guideline amount would be unjust or inappropriate. Factors can include a child's extraordinary medical or educational needs, independent income of the child, or seasonal income.
How long support lasts
Support generally continues until a child turns 18. It can extend to age 19 if the child is still in high school and expected to graduate before turning 19, and longer for a dependent child with a disability.
A support order is only as fair as the income numbers behind it.
When to talk to a lawyer
Self-employment, irregular income and disputes over overnights are where support calculations go wrong. Heather Harris Law handles child support cases for Brevard County parents, including new orders and modifications.
Frequently asked questions
Does equal time-sharing mean no child support in Florida?
Not necessarily. With equal time-sharing, the parent with the higher income often still pays some support under the substantial time-sharing calculation.
When does child support end in Florida?
Usually at 18, or up to 19 if the child is still in high school and expected to graduate before turning 19. Support for a dependent child with a disability can continue longer.
Can parents agree to a different amount than the guidelines?
Parents can propose a different amount, but the court must approve it and generally needs a written reason when the amount varies more than 5 percent from the guideline.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.