Child support is a major issue when when filing for divorce with dependent minor children. Much like determining alimony and dividing the marital property, determining child support can be highly contentious and even overwhelming for those who have made the decision to file for divorce. Thankfully, child support is pretty formulaic – there isn’t as much room for the back and forth argument that you often find in other family law issues, because the awards for child support are largely controlled by your net income and Federal guidelines.
The purpose of this article is to give you a basic overview of how child support works in Florida. I am a family law attorney who practices in Sarasota County, so the information provided here will be especially relevant to residents of Sarasota County. We fall into the jurisdiction of the 12th Judicial Circuit Court of the State of Florida.
First of all, it’s important to explain some of the theory behind child support to gain a greater appreciation for the rules. Florida statute 61.13 contains the rules for child support, and establishes that both parents have a duty to support their children regardless of whether they are married or living with their children. This means that courts can award child support when parents are unmarried, married and seeking divorce, or married and not seeking divorce.
Determining the Amount of Support
Federal law requires that states provide courts with statutory guidelines to determine the appropriate amount of child support. The rules for determining the amount of support is contained within Florida Statute 61.30 along with the statutory guidelines themselves.
When One Parent Has Primary Physical Custody
For instances where one parent has primary physical custody and the other parent has visitation consisting of less than 20% of overnights (less than 73 overnights per year) Florida follows the income shares model in determining the support award. The income shares model is based on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together.
So what this model does is add the mother’s and father’s income together, and determines the appropriate child support from the statutory guidelines for that income level. The child support award is then divided proportionally based on each parent’s income. Health insurance, medical and dental expenses, and child care costs are also added up and divided proportionally.
The final number is referred to as the “Total Minimum Child Support Award.”
The Florida Courts have provided a child support guidelines worksheet to help aid in the process. This worksheet should be filled out with your attorney as part of the discovery phase when filing for divorce.
Adjusting the Total Minimum Child Support Award
In some cases a parent may have a reason for requesting that a support amount differs from the total minimum child support award calculated in the guidelines. These are referred to as “deviations.” Making a request for a deviation requires the party to file a separate Motion to Deviate from Child Support Guidelines.
A court may deviate from the total minimum child support award by 5% from the guidelines amount without justifying the calculation. A court may deviate the total minimum child support award by more than 5% by applying the following factors:
Extraordinary medical, psychological, educational, or dental expenses.
Independent income of the child, not to include moneys received by a child from supplemental security income.
The payment of support for a parent which has been regularly paid and for which there is a demonstrated need.
Seasonal variations in one or both parents’ incomes or expenses.
The age of the child, taking into account the greater needs of older children.
Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though fulfilling those needs will cause the support to exceed the presumptive amount established by the guidelines.
Total available assets of the obligee, obligor, and the child.
The impact of the Internal Revenue Service Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption. The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption if the paying parent is current in support payments.
An application of the child support guidelines schedule that requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order.
The particular parenting plan, such as where the child spends a significant amount of time, but less than 20 percent of the overnights, with one parent, thereby reducing the financial expenditures incurred by the other parent; or the refusal of a parent to become involved in the activities of the child.
Any other adjustment that is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt that the parties jointly incurred during the marriage.
Parenting Plans with Substantial Time-Sharing
Whenever a parenting plan provides that each child spends a substantial amount of time (at least 20% of the overnights over the course of the year) with both parents, the court has a different way of calculating the support award. They use a method called the gross-up method.
This method takes the Total Minimum Child Support Award calculated above and multiplies it by 1.5 (150%). The amount each parent is responsible for is then allocated not only according to income but also based on the percentage of overnights per year the child spends with each parent. This is done because the total cost of raising a child goes up when both parents need to maintain separate households for the child.
The Time Frame for Support
Typically courts award temporary and permanent support.
Temporary support is awarded while the divorce is still pending, and provides child support before a court enters a permanent order for support. Florida judges have significant discretion in awarding temporary support.
Permanent support is awarded after the divorce is final. Generally speaking, Florida law requires parents to support their children until they are 18 years old or until graduation from high school if the child is expected to graduate before turning 19. Support could end before the age of 18 if the child becomes self-supporting, gets married, or joins the military. In some instances, like when a child has special needs that prevents him from supporting himself, the court may require child support beyond the age of 18.
The child support obligation generally terminates by death of a parent or the child.
Enforcement of Child Support
The Florida Department of Revenue is the state agency responsible for collecting and enforcing child support. In most cases the Attorney General’s Office represents the Florida Department of Revenue in DeSoto and Sarasota counties. In Manatee County attorneys are supplied for the Department of Revenue by the Clerk of Court. Keep in mind that these attorneys do not represent parents directly. Instead, they represent the Department of Revenue. Therefore, it is important to keep your own records of all payments, court documents, orders and correspondence in connection with your child support matters.
In Sarasota County all child support payments must be sent directly to the Florida State Disbursement Unit (FDLSU) in Tallahassee, unless otherwise directed by the Court. More information can be found on the Florida Department of Revenue Website and the Sarasota County Clerk’s Website.
Modification of Child Support
Child support is modifiable. The rules governing child support modification are found in Florida Statute 61.14. A modification may be sought by either spouse.
In order to obtain a modification of permanent child support, the parent seeking a modification must show a substantial change of circumstances in either a party’s ability to pay, the child’s needs, or a change in the time-sharing schedule that raises it above or below the threshold for substantial shared parenting. Examples of this could be the establishment of a parenting plan, or getting a new job.
Representing Yourself in Child Support Cases
I don’t recommend representing yourself in these matters because these are legal proceedings and they are often tied to more complex legal issues. However, I understand that not everyone can afford an attorney (which is part of the reason why I write this blog – to answer questions and educate people who may not be able to afford an attorney).
If you do decide to represent yourself it is absolutely critical that you get organized and come to court prepared with everything you need. Keep records of everything. Don’t count on the Department of Revenue to have all your records. If you filed something with the Clerk’s office, bring a copy. If you are going to make claims about support you have provided prior to the hearing, bring receipts and evidence to back up those claims. You can’t be over-prepared for these situations, especially if you lack the legal background necessary to navigate the system.
Final Thoughts
I hope this article helped you understand how child support works here in Florida. I know this is a lot of information, that child support can be difficult to digest, and that the stressful and emotional nature of divorce does not make navigating the process any easier. That said, there is a definite method to the madness, and the basic rules surrounding child support are pretty straightforward.
If you do need any help, I am more than happy to guide you through the process and ensure that your rights and interests are protected. Please do not hesitate to call me (941-882-4367) at my office or send me an email (dan@danpolicastrolaw.com) to schedule a consultation. We will sit down, discuss your case, and weigh your options. Please understand that my office is located in Sarasota County, Florida and I mostly represent clients in Sarasota, Manatee, and Charlotte County. If your case is outside of these 3 counties it is likely that I will not be able to represent you in a cost effective manner, and I typically recommend seeking a family law attorney in your county. Thank you very much for your interest in my law firm and best of luck with resolving your child support case.
