Child Support Basics

Child support in Florida is based on the net income of both parents and the number of children to be supported. The Florida statutes provide a formula -the Child Support Guidelines- which indicate the amount of support that is needed. Once the amount of support required has been determined, the Child Support Worksheet is used to determine how much money the non-custodial parent should actually pay to the custodial parent.

Determining Factors in Calculations

General living expenses are not a part of the child support calculations. The child support figure is influenced by the amount of time the non-custodial parent spends with the child. In the case where the non-custodial parent spends at least 40% of the overnights in a year with the child then the child support will be lower. The cost of health insurance and work-related childcare are also factored into determining the child support figure.

Payment of Child Support

It is critical that the non-custodial parent pay the required child support in full and on time.  In the event the payor parent does not pay as required, there are a number of penalties which include:

• Suspension of drivers license

• Garnishment of wages

• Placement of lien(s) on property such as a home or car

• Reporting debt to credit bureaus

• Issuance of Arrest Warrant

Modification of Child Support

If the non-custodial parent encounters difficulty in paying due to a change in circumstances, that parent should file to modify the child support. It is important to note that a voluntary change such as changing a job or starting a new family will not warrant modification of child support.

Termination of Child Support

Child support generally terminates when the child reaches the age of majority (which is 18 years of age in Florida). If the child is still in school, child support may continue until 19 years of age. Child support also terminates: if the child or payor parent dies; if the payor’s parental rights are terminated; if the child is adopted; or if the child is emancipated.