Child support payments that are made monthly are typically court-ordered when the child’s parents are no longer residing together. The court will determine the amount of child support that has to be paid.
A child support order can be legally enforced if one of the parents does not comply. The court will set the amount of child support based on the state formula and other circumstantial factors.
This may include the paying parent’s income or any special needs of the child. When the paying parent’s ability to pay is affected, they can request to have their child support order modified.
A parent can file for child support payments through the Florida Department of Revenue’s Office of Child Support Enforcement. An application may be made in person at the nearest office, or an applicant can call and have an application mailed to their address.
Under Florida child support laws, Florida uses an income shares model to determine child support amounts. This means that a court will try to estimate the amount of money that the parents would have spent on the child if they stayed married and did not divorce.
That amount is then divided between the parents based on their incomes. In some cases, a parent may be required to pay retroactive child support if their obligation has not been fulfilled for a period of time.
What Is the Minimum Child Support?
Because every child support order is unique in each case, there is no set minimum for what the paying parent will be required to pay.
How Do I Calculate My Child Support Obligation?
The State of Florida, similar to other states, uses an income shares model to determine the amount of child support that will be owed. The income model makes the calculation by taking each parent’s net income and adding those together.
Using this formula is an attempt to reflect what the parents would have spent on the child if they had remained together. The total net income of both of the parents will then be split based on the proportion of each parent’s income contribution to determine how much each parent owes per month.
In a divorce case or a child support petition case, the court may direct each of the parents to submit a financial affidavit so that the court can resolve each parent’s duty to pay. Another factor the court may use to determine the amount of child support due is any child custody decisions.
This may include whether there is a shared custody plan or if the child mostly resides with one parent. An individual can consult with an attorney or find resources online for a Florida child support calculator for an estimate of what they may be required to pay.
What Expenses Can I Deduct to Determine My Net Income for Child Support?
Net income is the income that an individual has after qualifying deductions. For child support, a parent can typically deduct the following costs from their gross or total income to reach their net income:
- Federal income tax;
- State income tax;
- Florida does not have a state income tax;
- A parent who resides outside of Florida but has a minor child who lives in Florida may deduct their state income taxes if they reside outside of Florida;
- Social security withholdings or payments;
- Mandatory retirement contributions;
- Health insurance premiums for the individual and all dependents;
- Prior or other court-ordered child and spousal support obligations that have actually been paid;
- Other expenditures required to generate income.
Is There a Calculator That Can Help Me Estimate My Child Support Obligation?
Yes, the Florida Office of Child Support Enforcement provides an online calculator that individuals can use to calculate their future child support order. This calculator is set up to evaluate typical basic child expenses.
It is important to note that if an individual’s family or child has unusual circumstances, other factors may increase or reduce the calculated child support obligation.
Can a Child Support Order Be Changed?
Yes, a child support order can be changed. Once a court orders child support, it is important to continue to make all required payments on time until the court orders a modification.
The failure to do so may result in a wage garnishment or bank levy against the parent who did not comply. In addition, the child support that is owed will continue to accrue, and the parent may be required to pay that balance along with their ongoing child support payments.
An individual’s situation must have changed substantially and continuously in order to qualify for a modification. Substantially and continuously changed circumstances may include:
- Loss of job;
- Extra health insurance payments;
- Unexpected educational expenses;
- If the other parent begins to make more money;
- Increased daycare costs or travel costs;
- A decrease in the amount of time that is spent with the child; or
- When an individual’s income has been reduced, it deviates substantially, or more than 20% in some states, from the child support guidelines.
If any of these types of circumstances arise, the individual will have to present them to the court.
Can Child Support Be Modified?
Yes, if an individual cannot pay the current amount of child support that they owe or if they believe their payments should be decreased, they can file a modification motion. A modification is allowed when there has been a substantial change in circumstances with either the child’s needs or the parents’ situations.
Why Is It So Difficult to Modify My Family Support Payments?
When an individual has a child, they are held legally accountable for the safety and well-being of their child. These legal duties include the obligation to provide financial support for the child until they reach the age of majority, which is typically when the child turns 18 but may vary by state.
Because of this legal duty, child support payments cannot be discharged under certain circumstances, for example, bankruptcy. For example, a parent may be attempting to stop or reduce child support payments based on filing for bankruptcy. If so, the court will not consider the bankruptcy situation.
The parent who filed for bankruptcy will still be responsible for child support payments. Additionally, child support payments that are overdue typically cannot be lowered or adjusted.
There are several legal consequences that an individual may face if they do not make child support payments, including:
How Can I Legally Stop Paying Child Support?
Child support payments typically do not end automatically unless certain circumstances occur. The paying parent will be required to petition the court and request the termination of child support payments.
Child support will typically legally end when the child:
- Reaches the age of maturity;
- Passes away;
- Gets married;
- Leaves for undergraduate studies.
It is important to note that if the child resides with a parent after the age of 18 or has a disability, child support payments may continue.
Should I Consult a Lawyer About Calculating My Child Support in Florida?
If you have any issues, questions, or concerns related to child support in Florida, it is essential to consult with a Florida child support lawyer. Your lawyer can advise you regarding what factors are considered by your local court.
Your attorney will help ensure that you secure a fair child support order. You may believe that you may need a modification of your child support order. In that case, your lawyer can help you determine whether or not your circumstances meet the substantial change requirement.
