Florida’s Child Support System
When couples go through a divorce or child custody dispute in Florida, they know that the court will ask them to pay child support. However, the exact manner in which courts in Florida calculate child support is not known to many.
What Does Child Support Cover?
Child support is monetary support given to children to provide them with an acceptable standard of living. It covers the basic needs for the child’s well-being.
This includes:
Basic Living Expenses
Child support includes food, clothing, and shelter. These are the everyday necessities that ensure the child has a stable and healthy environment. In terms of food, child support includes the weekly groceries, school meals, and eating out.
Healthcare Expenses
Child support payments cover for medical and dental care. One or both parents may be required to provide health insurance. In the absence of insurance, they must pay medical expenses.
Educational Expenses
This can include school fees, supplies, and other related educational costs like uniforms and after-school sports.
Childcare Costs
If one or both parents work, child support can help cover the cost of daycare or after-school care while they are at work.
Extracurricular Activities
Child support may also cover things like sports, music lessons, or other activities that contribute to the child’s growth and social development.
Calculating Child Support in Florida
Child support in Florida is calculated in a structured way based on the income of parents after allowable deductions. Florida guidelines ensure that both parents share financial responsibility for their children. The court can make adjustments for fairness based on individual circumstances. If there is a disparity in wealth, then sometimes a father of four ends up paying less in child support as compared to a father of one.
Florida Guidelines for Child Support
Florida Statute 61.30
Florida Statute 61.30 provides the guidelines for calculating child support shares of the parents. It promotes fairness by allocating the burden of supporting the child to both parents based on their financial situation. It takes into account the total income of the parents. This includes their salaries as well as additional sources of income such as rental income or pensions.
The statute explains how child support is calculated. First, each parent’s income is looked at. Then, certain amounts, like taxes, health insurance (not including the child’s), and required retirement payments, are taken out of each parent’s income. This amount left after these deductions is called “net income,” and child support is based on that.
According to the law, the time each parent spends with the child is also a factor in calculating the child support. The amount calculated using this law is a baseline which the court may change to factor in other intangibles like the healthcare or education of a special needs child.
Child support may change over time if there is a significant change in the parent’s income, be it an increase or decrease. [1]
Factors in Calculating Child Support
In Florida, child support depends on the parent’s income, the number of children involved, and the time spent with the child.
Income Shares Model
The income shares model is used to calculate child support in Florida. [2] First it adds up both incomes to calculate the total amount that is available to the child. Then the amount is divided between the parents in proportion to the responsibility of each. So if one parent earns 60% of the total income, they will be responsible for 60% support.
The Florida guidelines listed above are used to calculate the amount to cover all the child’s needs. The estimated amount depends on the income of parents and the number of children. The income shares model also takes into account how much time the child spends with each parent. If one parent spends significantly more time than the other, their child support is reduced.
Aspects of Child Support
Understanding how child support figures are calculated will assist in clarifying matters regarding the whole process. Child support calculation is guided by several factors.
Income Levels
The most significant factor in determining child support is the income of both parents. The state uses a table that calculates support amounts based on combined earnings, and this table is adjusted depending on the number of children in the family.
Allowable Deductions
Some expenses are deducted from the parents’ gross incomes to calculate child support. These include taxes, health insurance premiums, and childcare expenses that are necessary for the parents to maintain employment. After these deductions the income left is used to calculate the final support obligation.
Number of Children
The number of children has a significant impact on the amount of child support. Florida’s child support guidelines provide a standard table that outlines how much support is required for one, two, three, or more children. If there are two children involved, the share is typically the same. However, if there are three or more children involved, one parent may end up paying more, considering other factors such as overall income.
Household Expenses
Many believe that household expenses, such as rent, utilities, or groceries, can be deducted to lower the amount of child support owed. However, this is generally not true. While personal living expenses are important, they are not typically factored into the support calculation. Instead, the focus remains on the child’s needs and the parents’ ability to contribute financially.
Parenting Time
If a non-custodial parent spends more physical time with the child, then their share would be less than that of a non-custodial parent who is less hands-on. This is because the parent who spends more time has more responsibility. Courts take into account the amount of time the child spends with each parent, also known as “time-sharing.” If the non-custodial parent has significant time with the child, this may lower their child support obligations.
Special Needs Child
There are additional considerations, such as any special needs the child may have or unique circumstances that may require the court to adjust the support order.
Failure to Pay Child Support
The child support ordered by the court must be paid. Failure to do so results in civil or criminal contempt.
To charge someone with criminal contempt, there must be proof that they had the ability to pay and that their refusal to pay was intentional. Criminal charges follow Florida’s criminal court rules (Rule 3.840). [3]
Civil contempt is easier to prove. The court only needs to show that the support payments were not made on time. Even though the standards are lower, a person may still have defenses. For example, a parent can avoid contempt if they can show that they were unable to pay due to reasons beyond their control. In this case, the parent must prove that they did not purposely fail to pay and that something unexpected happened after the original court order.
Child support varies from case to case. It is recommended to have an attorney to ensure that the child support amount is fair and reasonable.
Contact Sacks & Sacks today for any family law needs you have.
FAQs:
Q. What basic expenses does child support cover?
Child support covers basic living costs like food, clothing, housing, and other everyday needs.
Q. Does child support cover medical expenses?
Yes, child support includes medical and dental expenses. Parents may be required to provide health insurance or cover medical costs.
Q. Can child support be adjusted over time?
Yes, child support may change if there is a significant change in a parent’s financial situation.
Q. Does the number of children affect child support?
Yes, the more children involved, the higher the total amount of child support required.
Q. What happens if a parent fails to pay child support?
Failure to pay can lead to civil or criminal contempt charges, with penalties ranging from fines to imprisonment.
Sources:
[1] Florida statutes title VI. Civil Practice and procedure § 61.30 | findlaw. (n.d.-d). https://codes.findlaw.com/fl/title-vi-civil-practice-and-procedure/fl-st-sect-61-30/
[2] Brief child support guideline models. National Conference of State Legislatures. (n.d.). https://www.ncsl.org/human-services/child-support-guideline-models
[3] Statutes, codes, and regulations. Legal research tools from Casetext. (n.d.-a). https://casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/criminal-contempt/rule-3840-indirect-criminal-contempt
