Child Support
How Much Will Child Support Be?
The state of Florida has a calculation that typically determines the child support commitment from both parties in a divorce.
To learn more feel free to read this article and we are also available to connect with you during a consultation to plan out the next steps for your future, which may have little to do with the state standards and much more to do with exactly the life you want for you children.
How is child support calculated in Florida?
Florida calculates child support using a standard formula that considers each parent’s income, how many overnights the child spends with each parent, certain childcare costs, and health insurance. While the formula provides a guideline, the exact amount can vary depending on your family’s unique circumstances.
Can I Get Child Support?
That’s a great question! Many of our clients have had similar questions.
We can help you get answers to these questions during your consultation.
We are unable to provide specific legal advice over the phone, by text, or email.
For more information, please visit our page dedicated to Child Support.
What is the Child Support Process?
That’s a great question and many of our clients have had the same question.
We will help you understand all your process options during your consultation.
Our clients have found that once they begin working with us, they get their questions answered and the help they need.
For more information, please visit our page dedicated to Child Support
How does child support work if one parent is self-employed or has irregular income?
In cases such as these, Florida courts typically look at income records over a longer period to determine an average monthly income. This helps ensure the child support calculation is fair and reflects the parent’s true earning capacity, even if their income varies from month to month.
What if the other parent refuses to report their true income?
Intentionally hiding income is taken seriously and can lead to legal consequences. If you suspect the other parent is hiding or misrepresenting their income, we recommend hiring a forensic accountant to ascertain the other parent’s true financial picture.
These findings may be entered into evidence in your case to argue that the other parent should be paying more child support.
What are my rights if I disagree with the statutory child support calculation?
If you disagree with Florida’s calculated child support amount, you have the right to request a hearing to challenge or clarify the calculation.
During this process, you can present evidence demonstrating why the calculation might be inaccurate or unfair, such as income discrepancies or overlooked expenses.
What if I lose my job—can I lower my child support payments?
Yes, child support in Florida can be modified if there’s a significant change in circumstances, such as job loss, a considerable shift in income, or changes in parenting time.
To request a modification, you’ll need to show the court how your situation has substantially changed since the original child support order was established.
Will child support automatically change if the custody arrangement changes?
No, child support payments don’t automatically adjust if your custody arrangement changes. In Florida, you may request a modification through the court whenever there’s a significant change in parenting time. Until the court approves the modification, the original child support order remains in effect.
Can we agree on child support amounts without going to court?
Yes, parents in Florida can collaboratively agree on child support arrangements through negotiation or mediation (and at Leap Frog Divorce, we encourage it). However, even if you reach an agreement together, Florida law still requires a judge to review and approve the child support amounts to ensure it serves the child’s best interests and complies with state guidelines.
Can child support be waived if both parents agree?
In Florida, child support generally cannot be waived, even if both parents agree. Child support is considered a right belonging to the child, not the parents. While parents can agree on a specific amount or arrangement, a judge must still review and approve it to ensure the child’s financial needs are properly met according to state guidelines.
Does child support include extracurricular activities?
Typically, child support payments in Florida cover only essential living expenses, such as food, clothing, and housing. Costs for extracurricular activities, school-related expenses, and other special activities aren’t automatically included and may need to be addressed separately through an agreement between parents or a specific court order.
How long do I need to pay child support in Florida?
In Florida, child support typically continues until your child turns 18 or graduates high school—whichever comes later—but it will not extend past age 19. Certain circumstances, such as a child having special needs, may affect how long support payments continue.
What happens if my ex stops paying child support?
If your ex stops paying child support, Florida provides several ways to enforce payment, including wage garnishment, suspending driver’s licenses, intercepting tax refunds, or even pursuing legal action. Non-payment is taken seriously, and there are measures in place to ensure your child receives the financial support they’re entitled to.
Can I collect back child support payments?
Yes, Florida law allows you to collect unpaid child support, known as “arrearage.” You can request that the court enforce payment for past-due amounts. It may be possible to have those arrearages collected through wage garnishment or garnishing tax refunds.
What happens to child support if my ex remarries or has more children?
In Florida, your ex-spouse remarrying generally doesn’t affect your child support payments, since the new spouse’s income isn’t considered in calculations.
However, if your ex has additional children, it might impact their overall financial situation.
If your ex requests a modification, the court could review these changes—but additional children alone don’t automatically lower your existing child support amount.
Do I Still Need to Pay Child Support If My Child Moves?
In most cases, you must continue paying child support even if your child moves out of Florida or to another country. Child support orders issued in Florida remain enforceable across state lines and internationally.
