How is Child Support Calculated in Florida?
Florida family law has a complex series of statutes that govern marriage, divorce, child support. In Florida, both parents are considered financially responsible for any offspring between them. Whatever their relationship status, both parents are liable for certain costs of raising the child provided certain threshold facts are established.
The legal system in Florida has strict guidelines calculating how much parents must pay. It’s not a simple formula, and they consider factors other states don’t.
A good lawyer in your corner can help navigate it!
Let’s look at how the state of Florida calculates child support. Hopefully, you’ll feel empowered with the correct information, whatever your situation.
Factors to consider when calculating child support in Florida
Primarily, the law considers the incomes of the parties, the number of minor children, the time sharing schedule for those children, costs of health insurance, and child care among other factors.
What is the gross income?
Gross income is the amount each parent makes before deducting any taxes or expenses. That includes salary or wages, bonuses and commissions, self-employment income, and disability benefits. There are several other sources of income considered as well. These are just the most common.
In certain circumstances the Court can also reduce the gross income of a party based on preexisting child support obligations the payor has, if they are currently making those payments.
Once we determine the gross income for both parties, the deductions help us calculate net income. Taxes, union dues, retirement fund payments, health insurance, and other court-ordered payments count as legal deductions.
How many children are there?
Once the parents’ net incomes are calculated, the number of children involved comes into play. Florida courts use the chart in Statute 61.30. The state determined what they thought was the minimum support each child needed. The total cost looks daunting in the table until you remember that it’s divided between parents.
Calculating child support in Florida
Unlike some states, Florida holds both parents responsible for child support. The Payor will only be responsible to pay a percentage of the total amount based on the formula utilized by the Court which considers pro rata shares of combined income and division of overnight timesharing.
Analyze monthly income statements
Lawyers usually work with their clients to determine monthly net income during a family law action. Using their monthly gross income as a baseline, they’ll deduct everything allowable under the law. The number left after deductions is the net income. In Florida child support cases, the chart in Statute 61.30 takes the combined net from both parties.
Find the percentage of responsibility each parent holds
The percentage of support each parent pays is based on income and overnights. We’ll discuss overnights below and focus on income here.
Both incomes combined make up the net income on the support chart. This number determines how much per child is needed. Then, the amount is divided based on the actual net income of both parents. If one makes more, they’re responsible for a higher percentage.
Determine monthly obligations
Once the court considers these factors, it can determine the amount of financial obligation. Regular categories covered by child support payments may include food and clothing, education and child care, medical costs, and hobbies and entertainment. These categories were considered when making the child support guidelines in Statute 61.30.
The court will determine how long child support payments are necessary depending on the circumstances. Florida mandates payments until high school graduation or age 19. But in some cases, they continue beyond that. If a child is never able to live on their own due to special needs, payments can continue for the child's life.
Fix the obligations based on time-based responsibilities
Overnights are the other primary consideration in determining child support obligations. In a parenting plan, children frequently have a primary residence. Things shift if a child spends more than 20% of their time with the paying parent during the calendar year, 73 nights. Courts don’t consider parenting time that doesn’t include an overnight.
All else being equal, paying parents see a reduction if they have more overnights in their schedule.
Make any adjustments necessary to the expenses
If there are extenuating circumstances like chronic illness, the judge makes adjustments. Regular medical costs or standard of living issues are factors judges consider.
If one parent is willfully unemployed or underemployed by a substantial amount, the state also has options. They can impute a salary based on the minimum wage in the state of residence. That means the parent is responsible for their percentage based on that number, not a lower or non-existent income.
Once the judge reaches the final number, the settlement agreement is binding.
Consult with Busciglio Sheridan & Schoeb, leading lawyers in family law!
Child support is a complex issue in the state of Florida. At Busciglio Sheridan & Schoeb, we specialize in family law and can guide you through the process. Our team focuses on an equitable solution that supports the well-being of the children involved. Most importantly, we’re here to protect your interests and help you understand your rights.
If you’re unsure of where to turn in your child custody or support case, don’t wait. Send us a message through our website, or call us today!