How is Child Support Calculated?

Child support is calculated using Florida Statute 61.30. First, each parent's net income must be determined. "Net income" is defined as gross income minus allowable deductions.

"Gross income" includes the following:

• Salary or wages.
• Bonuses, commissions, allowances, overtime, tips, and other similar payments.
• Business income from sources such as self-employment, partnership, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income.
• Disability benefits.
• All workers' compensation benefits and settlements.
• Unemployment compensation.
• Pension, retirement, or annuity payments.
• Social security benefits.
• Spousal support received from a previous marriage or court ordered in the marriage before the court.
• Interest and dividends.
• Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
• Income from royalties, trusts, or estates.
• Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
• Gains derived from dealings in property, unless the gain is nonrecurring.

Allowable deductions from gross income include:

• Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
• Federal insurance contributions or self-employment tax.
• Mandatory union dues.
• Mandatory retirement payments.
• Health insurance payments, excluding payments for coverage of the minor child.
• Court-ordered support for other children which is actually paid.
• Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

Both parents' net incomes are added together and the basic child support obligation is determined using the chart found in the Florida Child Support Guidelines Worksheet. You can access the Florida Child Support Guidelines Worksheet here (in PDF format). Find the combined net monthly income of the parents and move across the column to find the number of minor, dependent children to find the basic child support obligation.

 

Is there a Consideration of Health Insurance or Day Care Paid on Behalf of the Child?

The amount paid for health insurance premiums for the child, as well as 75% of day care or child care costs incurred because of work or school can then be added to the minimum child support obligation.

 

Is a Deviation from the Guidelines ever Permitted?

The Florida Child Support Guidelines are considered presumptively correct in all cases. However, pursuant to 61.30 (11)(a), the court may adjust the minimum child support award according to Florida law, or may adjust either or both parents' share of the minimum child support award, based on the following considerations:

1. Extraordinary medical, psychological, educational, or dental expenses.
2. Independent income of the child, not to include moneys received by a child from supplemental security income.
3. The payment of support for a parent which regularly has been paid and for which there is a demonstrated need.
4. Seasonal variations in one or both parents income or expenses.
5. The age of the child, taking into consideration the greater needs of older children.
6. Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.
7. Total available assets of the obligee, obligor, and the child.
8. The impact of the Internal Revenue Service dependency exemption and waiver of that exemption. The court may order the primary residential (custodial) parent to execute a waiver of the Internal Revenue Service dependency exemption if the non-custodial parent is current in child support payments.
9. When calculation of the child support guidelines requires a person to pay another person more than 55% of his or her gross income for a current child support obligation resulting from a single support order.
10. The particular shared parental arrangement, such as where the child spends a significant amount of time, but less than 40 percent of the overnights, with the non-custodial parent, thereby reducing the financial expenditures incurred by the primary residential parent; or the refusal of the non-custodial parent to become involved in the activities of the child.
11. Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt which the parties jointly incurred during the marriage.
    For incomes falling below the child support guidelines, a calculation will be made on a case-by-case basis.

Unless otherwise ordered by the court or agreed to by the parties, the obligation to pay the current child support for that child is terminated when the child reaches 18 years of age or the disability of nonage is removed. The termination of the current child support obligation does not otherwise terminate the obligation to pay any arrearage, retroactive support, delinquency, or costs owed by the obligor.

"Absent a finding of physical or mental deficiencies, there is no legal duty to pay child support beyond the age of eighteen. Even though most parents willingly assist their adult children in obtaining a higher education, any duty to do so is a moral rather than a legal one, absent either a finding of legal dependence or a binding contractual agreement by the parent to pay such support." See Carlton v. Carlton, 670 So.2d 1129 (Fla. 2d DCA 1996).

There is also a “grossed up” statutory formula applied when a parent spends a substantial amount of time with the child, i.e., he or she spends at least forty percent (40%) of the overnights with a child.

Florida Child Support Calculator

 

If One Parent Refuses to Honor the Time Sharing Plan, does that Party Waive the Right to Collect Child Support?

No. When a parent refuses to honor the other parent's rights under the time-sharing schedule, the parent whose time-sharing rights were violated shall continue to pay any ordered child support or alimony.

 

Are there Alternatives to Litigation?

Yes. Carmen R. Gillett is also available to serve as a divorce mediator. She has been certified by the Supreme Court as a Family Law Mediator. She has significant mediation experience. When working as a mediator, she will work to help parties to resolve their divorce issues through settlement and negotiation. In mediation, the mediator does not decide your case, but will help to negotiate and facilitate a mutual agreement.