Florida child support is not set by a judge's opinion of what feels fair. It comes out of a formula in section 61.30 of the Florida Statutes, and in most cases the number the formula produces is the number in the order. Knowing how the formula works lets you predict your own result before you ever walk into a courtroom.
The income shares model, in plain terms
Florida uses an income shares model. The idea behind it is that a child should receive roughly the same share of parental income they would have received if the parents lived together.
The calculation runs in a fixed order. Both parents' net monthly incomes are added together. That combined figure is looked up in the statutory guideline chart, along with the number of children, to produce a total support obligation. Each parent is then responsible for their percentage share of that total, based on their share of the combined income. Finally the schedule is applied, and one parent pays the other.
What counts as income
Gross income under section 61.30 is broad. It is not just salary:
- Wages, salary, overtime, commissions, bonuses, and tips
- Self-employment and business income, after ordinary and necessary expenses
- Disability benefits, workers' compensation, and unemployment compensation
- Pension, retirement, and annuity payments
- Social Security benefits, other than SSI
- Rental income, net of expenses
- Interest, dividends, royalties, trust income, and recurring gains
- Spousal support received from a previous marriage
From gross to net: the allowed deductions
The guideline works on net income, and the statute is specific about what comes off the top. Allowed deductions include federal, state, and local income tax actually paid, FICA or self-employment tax, mandatory union dues, mandatory retirement contributions, health insurance premiums excluding the cost for the child, court-ordered support for other children actually paid, and spousal support paid under a prior order.
What is not deductible matters just as much: rent or mortgage, car payments, credit card debt, and ordinary living expenses do not reduce net income for this calculation.
How overnights change the number
The schedule feeds directly into the money. When a parent exercises at least 20 percent of the overnights in a year, which is 73 nights, the gross-up formula in section 61.30(11)(b) applies and the paying parent's obligation typically drops.
Because Florida now presumes equal timesharing, a large share of new orders run through the gross-up calculation, and the support number is often much lower than parents expect from the base chart alone.
The add-ons that sit on top of the base
The guideline amount is not the whole obligation. Certain costs are added to the calculation and split by the same income percentages:
- Health insurance premium attributable to the child
- Work-related or education-related child care costs
- Recurring uncovered medical, dental, and prescription expenses
When a court can leave the guideline
A judge may vary from the guideline amount by up to five percent after considering the needs of the child and the circumstances of the parents. Going further than five percent requires written findings explaining why the guideline amount would be unjust or inappropriate.
Extraordinary medical needs, a special-needs child, a substantial disparity in the costs of the two homes, and independent income of the child are among the reasons the statute recognizes.
How long it lasts
Florida child support generally runs until the child turns 18. It continues to 19 if the child is still in high school with a reasonable expectation of graduating, and it can continue indefinitely for a child who is dependent because of a mental or physical incapacity that began before age 18.
New Florida orders are required to state when support ends and what the amount becomes when there is more than one child, so parents are not forced back into court at each birthday.
Questions about your own case?
Yvette B. Reyes, Esq. offers a free first consultation, in English or Spanish, for families across South Florida and the Treasure Coast.
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This article is general information about Florida law, not legal advice about your situation, and reading it does not create an attorney-client relationship. Florida law changes, and every case turns on its own facts. Full disclaimer.