Florida Child Support

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In Florida Child support, support enforcement, and support collection in is directly governed by Federal Law. Florida must adhere to certain Federal laws regarding support for Florida to receive Federal aid under certain programs. Like all of the other states, Florida has done so. The support levels required in Florida support laws are set by the Federal Government and those support levels are intended to maintain a basic level of support for all children. The Federal Government based those support levels on research that determined what percentage of a family's income was used to support children. The intent of the government was to maintain that level of support in families that were not intact.

The amount of Florida child support arrived at under the child support guideline's is based on the number of children and the combined income of the parents. The child support obligation is divided between the parents in direct proportion to their income or earning capacity. The parent with whom the child lives most of the time (the "custodial" parent) is paid the established support by the other parent (the "non-custodial" parent). The Court, at its discretion may increase or decrease, up to five percent, the guideline's dollar amount. The amount may be increased or decreased in excess of five percent if the Court makes the proper findings and gives written reasons for the change.

The Court may also deviate from the Florida child support guidelines if there is a written finding by the Court that the guidelines would be inappropriate in that particular case. The finding must include the amount of support that would have been required under the guidelines and reason why the order varies. In determining if the amount of support arrived at under the guidelines is appropriate, the Court will consider certain factors. Any independent income of the child, the total assets of the parents and child along with any seasonal variations in a parent's income or expenses are considered. Florida child support can deviate from the guidelines if the application of the guidelines requires a person to pay another person more than 55% of his or her gross income for child support. The Court will also make any other adjustment needed to achieve an equitable result.

"Gross income" for the purposes of calculating Florida child support includes, but is not limited to: (1) Salary or wages, (2) Bonuses, commissions, allowances, overtime, tips, and other similar payments, (3) Business income from sources such as self-employment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income, (4) Disability benefits, (5) Workers' compensation benefits and settlements, (6) Unemployment compensation,(7) Pension, retirement, or annuity payments, (8) Social security benefits (9) Spousal support received from a previous marriage or court ordered in the marriage before the court, (10) Interest and dividends, (11) Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income, (12) Income from royalties, trusts, or estates, (13) Reimbursed expenses or in kind payments to the extent that they reduce living expenses, and (14) Gains derived from dealings in property, unless the gain is nonrecurring.

If the Court finds that a parent is voluntarily unemployed or underemployed, it can impute income to that parent on a monthly basis. In imputing income, the Court will consider the parent’s employment potential and probable earnings level based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community.

Florida child support orders may also obligate one parent to provide health insurance for the child, pay educational expenses for the child and/or one parent purchase a policy of life insurance.

Florida child support Orders may be modified if a substantial change in circumstances is shown. In order for the Court to find that a substantial change in circumstances has occurred, the difference between the existing monthly obligation and the amount provided for under the guidelines must be at least 15 percent or $50, whichever amount is greater.

Every three years after a Florida child support Order has been entered, you may request a review of the Order by the Department of Revenue. For each support order that is reviewed by the Department, the Department must seek to have the Order modified if the amount of the child support awarded under the existing Order differs by at least 10 percent, but not less than $25.00, from the amount that would be awarded under the support guidelines. If such a modification is sought, it is not necessary for the Department to show a change in circumstances.

There is a Florida Child Support Enforcement (CSE) Program. The purpose of this program is to help ensure that children in Florida are supported by both parents. The Program can assist you by answering questions about child support, obtaining and enforcing Orders of Child Support.

If you are owed back Florida child support, you should be aware that you will be unable to collect these arrears after twenty years. If you believe that you have a statute of limitations problem, you should consult the laws for the State that issued the Order of Support and those for the State where the non-custodial parent resides. The statute of limitations will be the longer of the two.

Florida child support obligations continues until the child reaches the age of 18 or 19 years of age if the child will graduate from high school by that time.