Child Support
Based on Combined Income. Child Support in Florida is based on the Florida Child Support Guidelines outlined in Florida Statutes 61.13. Generally, child support is determined based on the parents’ combined income. It is surprising to some people that Florida courts do not, except in rare cases, adjust this “Guideline Support” so parents can pay other debts or obligations. In the eyes of the law, child support is a parent’s most important financial obligation.
For Child Support, “overnights” are what matters. Adjustments to child support are based on the amount of time each parent spends “overnight” with the child. If a child spends more than 20% of the year’s overnights at the home of the parent who does not have “majority” timesharing, that parent will likely receive a reduction in child support.
Florida Child Support Guidelines. Child support is calculated according to the Florida Child Support Guidelines. This is a statutory formula for calculating support.
What about expenses? As a general principle, Florida courts do not consider the parents’ living expenses when calculating child support. Instead, Florida law views child support as a parent’s most important financial obligation. In some cases, according to the Florida Guidelines, child support may be increased or decreased by the Court. This increase or decrease is referred to as a “deviation” and requires that the party seeking the deviation provide evidence and justification for it.