How to File for Child Support in Florida

Florida Statute 61.13 governs child support, outlining the calculation and enforcement of support orders. This statute affects parents and guardians of minor children in Florida, providing a framework for determining financial support obligations.

As of January 1, 2020, the statute’s guidelines apply to all child support cases, with a threshold of $800 per month in combined parental income.

Child Support Calculation

Florida Statute 61.30 details the calculation of child support, using the Income Shares Model, which considers both parents’ incomes, the number of children, and the cost of living. The court may deviate from the guideline amount by up to 5% if the parties agree, or by up to 10% if the court finds a substantial change in circumstances, such as a $10,000 per year change in income. This is where the law gets teeth, as the court must consider the child’s needs and the parents’ ability to pay.

In practice, this means that the court will calculate the basic support obligation based on the parents’ combined monthly net income, which is capped at $10,000 per month. The court will then apply a percentage, ranging from 15% to 55%, depending on the number of children, to determine the support obligation.

For example, if the combined monthly net income is $5,000, and there is one child, the basic support obligation would be $750 per month, or 15% of the combined income. The court may adjust this amount based on factors such as the child’s extraordinary medical expenses, which may exceed $1,000 per month.

Support Obligations

Primary Residential Parent

The primary residential parent is entitled to receive child support, unless the court finds that it would be unjust or inappropriate, such as in cases where the non-residential parent has a monthly income of $2,000 or less. In such cases, the court may order a support obligation of $50 per month or 10% of the non-residential parent’s net income, whichever is greater.

In plain terms, the primary residential parent is typically the parent with whom the child spends the majority of their time, and is therefore entitled to receive financial support from the other parent, with a minimum obligation of $50 per month or 10% of the non-residential parent’s net income.

Shared Parenting

In cases where the parents have a shared parenting arrangement, the court will calculate the support obligation based on the percentage of time each parent spends with the child, with a minimum of 20% of overnights required to be considered shared parenting. The court may adjust the support obligation by up to 10% if the parents have a shared parenting arrangement, such as a 50/50 time-sharing schedule.

For example, if the parents have a 50/50 time-sharing schedule, and the non-residential parent has a monthly income of $4,000, the court may reduce the support obligation by 5%, or $100 per month, resulting in a support obligation of $1,900 per month.

Child Support Modifications

A parent may seek to modify a child support order if there has been a substantial change in circumstances, such as a $5,000 per year change in income, or a change in the child’s needs, within the past 3 years. The court will consider factors such as the parents’ current income, the child’s current needs, and any changes in the child’s circumstances, such as a change in schooling or medical expenses, which may exceed $5,000 per year.

This distinction matters, as the court will only consider modifications that are in the best interests of the child, and will not consider modifications that are solely for the benefit of the parents, such as a modification to reduce the support obligation by $500 per month without a corresponding change in circumstances.

Legal Process

The court with jurisdiction over child support cases in Florida is the Circuit Court, which has the authority to establish, modify, and enforce child support orders, with a filing fee of $400. The court will consider factors such as the parents’ income, the child’s needs, and any other relevant circumstances, such as a history of domestic violence, within 30 days of filing.

In practice, this means that a parent seeking to establish or modify a child support order must file a petition with the court, and serve the other parent with notice of the proceeding, within 20 days of filing. The court will then schedule a hearing, which must be held within 60 days of filing, to determine the support obligation.

The parent seeking support must provide financial documentation, such as tax returns and pay stubs, to support their claim, and must also provide information about the child’s needs, such as medical expenses, which may exceed $1,000 per month. The court will consider this information, along with any other relevant factors, to determine the support obligation, with a maximum support obligation of $5,000 per month.

Penalties and Consequences

A parent who fails to pay child support may face penalties, including contempt of court, which can result in a fine of up to $1,000 and imprisonment for up to 5 days. The court may also impose a lien on the parent’s property, such as a $10,000 lien on their primary residence, to secure payment of the support obligation.

In addition, the parent may face other consequences, such as suspension of their driver’s license, which can result in a reinstatement fee of $500, and denial of passport services, which can result in a delay of up to 6 months in obtaining a passport.

The court may also impose interest on unpaid support obligations, at a rate of 12% per annum, resulting in an additional $1,200 per year in interest on a $10,000 support obligation.

Comparison to Other States

Florida’s child support guidelines are similar to those in other states, such as California and New York, which also use the Income Shares Model to calculate support obligations. However, the specific guidelines and thresholds vary from state to state, such as the $10,000 per month cap on combined income in Florida, compared to $20,000 per month in California.

For example, in New York, the court will consider the parents’ combined gross income, rather than net income, which can result in a higher support obligation, such as $2,000 per month, compared to $1,500 per month in Florida. In California, the court will consider the parents’ income and the child’s needs, but will also consider the parents’ debt obligations, such as a $500 per month car payment, which can result in a lower support obligation.

Practical Steps

A parent seeking to establish or modify a child support order in Florida should first gather financial documentation, such as tax returns and pay stubs, and information about the child’s needs, such as medical expenses, which may exceed $1,000 per month. The parent should then file a petition with the court, and serve the other parent with notice of the proceeding, within 20 days of filing.

The parent should also be prepared to provide information about their income and expenses, such as a $2,000 per month mortgage payment, and any other relevant circumstances, such as a history of domestic violence, within 30 days of filing. The court will consider this information, along with any other relevant factors, to determine the support obligation, with a maximum support obligation of $5,000 per month.

Recent Changes

In 2020, the Florida Legislature passed Senate Bill 1796, which made changes to the child support guidelines, including the addition of a new factor to consider in determining the support obligation, such as the child’s extraordinary medical expenses, which may exceed $5,000 per year. The bill also increased the threshold for shared parenting from 20% to 25% of overnights.

The changes took effect on January 1, 2021, and apply to all child support cases filed on or after that date, with a 6-month transition period for existing cases. The court will consider the new guidelines and thresholds in determining support obligations, with a maximum support obligation of $5,000 per month.