An Introduction To Child Support In Florida

The Statutory Guidelines

Florida courts determine the amount of child support a parent owes based on mandatory schedules, or "guidelines," set forth in Florida Statute § 61.30. The guidelines establish the minimum needs of a child in relation to the parents' level of income. Parties to a divorce proceeding sometimes misconstrue child support as an obligation imposed on one spouse for the benefit of another spouse. Instead, child support in Florida is a dual obligation owed by both parents to their child. The child support obligation begins the moment the child is born and continues until the child reaches adulthood. Child support is based on the idea that each parent is required to contribute to the wellbeing of their child.

Calculating Child Support Based on Net Monthly Income

Florida's child support guidelines establish the minimum amount of support a parent is required to pay, based on both parents' combined net income. Courts calculate the amount of support by adding the net monthly income of both parents together and look at the minimum child support need set forth in the guidelines. Next, the court calculates each parent's individual percentage share of the child support by determining each parent's separate net monthly income and dividing this amount by the total amount of both parents' net monthly income. Each parent's actual dollar share of the child support obligation is then calculated by multiplying the minimum child support need by the parent's parentage share of child support.

Determining Net Income to Calculate Child Support

The child support guidelines are based on the parents' combined net income. Under Florida's child support statute, net income is determined by taking the parents' combined gross income and subtracting certain allowable deductions. Under § 61.30(2)(a), gross include includes such things as salary, wages, bonuses, commissions, pension and retirement benefits, as well as social security benefits. Once you determine the parents' combined gross income, you subtract allowable deductions which include items such as federal, state and local taxes; mandatory union dues and retirement benefits; and, health insurance premiums.

Court's Ability to Deviate from Child Support Guidelines

The amount of child support provided for under § 61.30 is presumed to be correct unless the court decides to deviate from the scheduled amount. A court in a divorce proceeding may increase or decrease the amount of support...