Child Support
You and your spouse, or the other parent of your child, each have a responsibility to financially support your children in accordance with your income and their needs. Child support may be by direct payment or by indirect benefits, such as mortgage payments, insurance or payment of medical and dental expenses. Ordinarily, the obligation to support your child ends when that child reaches age 18, marries, is emancipated, joins the armed forces or dies.
Calculating the amount of child support you will have to pay, or the amount that you are entitled to receive, is determined by Florida Statute §61.30.
Child support is determined based on a formula which utilizes the net income of both of the parents. Other factors include the cost of child care, health insurance, who claims the dependency deduction for tax purposes, and the schedule of shared time the parties utilize; that is, how many nights of the year the child spends in each parties’ respective home.
For modifications of already existing child support awards, the Florida Child Support Guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing child support order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15% or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.
If you have a problem receiving previously ordered support payments, or the time-sharing plan is not being followed, you should bring this matter to the attention of the court. It is not legal to withhold time-sharing or child-support payments because either parent fails to pay court-ordered child support or violates the time-sharing schedule in the parenting plan.