Child Support is derived from the common law principal that a parent should provide for the necessities of their child or children. The purpose behind the obligation to pay child support is to ensure that children are properly cared for and their basic needs are met. In Florida, both parents are responsible for supporting their children regardless of whether the child resides with that parent or not.
In making an overall determination of child support sections 61.30 and 61.13, Florida Statutes, must be reviewed together. The Florida Child Support Guidelines are found in Section 61.30, Florida Statutes. While other child support issues, including, but not limited to health insurance for the minor children, termination of child support, and requirements for the child support orders are found section 61.13 of the Florida Statutes.
Florida’s child support guidelines are a starting point to determine the proper child support calculation. Calculating the amount of child support depends upon a number of factors including the parents’ relative net incomes, the number of overnights spent with the children, the cost of health insurance, and the cost of daycare.
Further reading: Child Custody & Timesharing in Florida
However, there are many reasons for an upward or downward deviation of the child support guidelines. Several expenses of the children are typically included in the calculation of child support, such as health insurance and day care. Other childcare expenses such as after-school care, private school costs, the cost of summer camps, and extracurricular activities are not included in the child support calculation and will need to be addressed in the parenting plan.
Timesharing has the most substantial impact on the calculation of child support. If either parent is deemed to be the custodial parent and the other parent has less than 20 percent of overnights (less than 73 overnights per year), the court will follow the basic calculation in determining the amount of child support the non-custodial parent will pay the custodial parent. In other words, the court calculates the child support based only on income and does not consider the non-custodial parent’s overnights unless they have more than 73 over nights per year. This is done because the courts presume that the custodial parent is incurring the majority of the costs in raising the children. In the alternative, if the non-custodial parent exercises more than 20% of overnights per year (or more than 73 overnights), then the calculation factors both the income of the parties and the number of overnights.
To arrive at a correct calculation, there must be an understanding of what constitutes income, what deductions are allowable when arriving at a net income, how insurance costs and daycare expenses factor in, and how other issues affect the calculation.
In order to obtain a modification based on a change in circumstances, the change in circumstances must be significant, material, involuntary, and permanent in nature. These requirements have been developed in part to ensure that the duty to furnish adequate support is not deliberately avoided. Examples include, but are not limited to, loss of employment, termination of child’s attendance at daycare, disability of a parent, increase in costs of health insurance or daycare, or a substantial increase or decreased (15% or greater) in either parent’s income. The party requesting the modification has the burden of showing that there has been a substantial change in circumstances. When the amount of child support is based upon an agreement between the parties, a heavier burden rests upon the party seeking a modification than would otherwise be required.
Courts will impute income to an unemployed or underemployed parent when such unemployment or underemployment is found to be voluntary, absent physical or mental incapacity or other circumstances, which the parent has no control.
There are a number of different methods that can be used to for child support enforcement, including but not limited to contempt, garnishment of wages and/or salary of the obligor, suspension of obligor’s driver’s license, placement of a lien on the obligor’s property, and denial or suspension of certain professional licenses or certificates. The Department of Revenue has additional methods for enforcement and collection of child support, including, but not limited to, seizure of Federal Income Tax Refund, seizure of unemployment compensation benefits, collection of Florida Lottery prize winnings, and suspension of the obligor’s passport.
On an initial action for child support, under section 61.30(17), Florida Statutes, retroactive child support is limited to 2 years back from the date of filing the petition for support.
With over 25 years of dedicated service, the DeWitt Law Firm has earned a reputation for integrity and compassionate legal support in Florida’s family law courts. We know the stakes are high—emotionally and financially—and we are committed to achieving the best outcomes for our clients.
Feeling overwhelmed by the legal process and the stress of family disputes, give us a call. We’re here to make this process smoother and to protect your rights every step of the way. Schedule a consultation with us today. Let DeWitt Law Firm be your guide and advocate in your family law proceedings in Florida.
