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5 Child Support Questions Answered
Navigating the child support system can be confusing, regardless of whether you’re paying support or receiving it. Many parents wonder what support payments cover, how the payments are calculated, and how long the support lasts. The sections below answer five frequently asked child support questions people commonly have about Florida law.
1. What Do Child Support Payments Cover?
Child support in Florida is designed to meet a child’s basic needs, including:
- Food, clothing, and shelter
- Health insurance and medical expenses
- Educational costs
- Childcare, if necessary for a parent to work or attend school
In many cases, courts may also factor in extraordinary expenses, such as tutoring, private school, or special medical needs. However, child support payments are not meant to provide for the parent’s personal expenses; they are solely for the benefit of the child.
2. How Do Florida Courts Determine Child Support?
Florida uses a formula outlined in Florida Statutes § 61.30 to calculate child support.
The formula considers:
- Each parent’s monthly gross income
- The number of overnights each parent has with the child
- Health insurance and childcare costs
- Other support obligations (e.g., if a parent is supporting another child)
Florida follows an “income shares model,” meaning the child should receive the same proportion of parental income as if the parents lived together. For example, if one parent earns 70% of the combined income, they may be responsible for 70% of the child’s calculated financial needs.
3. What Counts as Income?
Income for child support purposes is broadly defined under Florida law. It includes more than just wages and salaries.
Examples of income include:
- Wages, salaries, commissions, bonuses
- Self-employment earnings
- Rental income
- Unemployment or workers’ compensation
- Disability or Social Security benefits
- Pension and retirement income
- Interest and dividends
- Alimony received
Even non-cash benefits (like a company car or free housing) can be considered income if they reduce a parent’s personal expenses. Florida courts are also allowed to “impute income” to a parent who is voluntarily unemployed or underemployed. Essentially, the court can estimate what that person should be earning based on their education, work history, and job market.
4. When Does Child Support Stop?
In Florida, child support generally ends when the child turns 18 years old.
However, there are exceptions, including:
- If the child is still in high school and expected to graduate before turning 19, support continues until graduation.
- If the child has a physical or mental disability that makes them dependent beyond age 18, support may continue indefinitely.
Parents can also agree to extend support beyond 18 through a marital settlement agreement.
It’s important to note that child support does not automatically stop when a child turns 18. The paying parent may need to file a motion to terminate the support order.
5. Can I Modify Child Support?
Yes. Florida allows for modification of child support when there is a material change in circumstances.
Examples include:
- A significant change in either parent’s income
- A change in the child’s living arrangements
- Increased or decreased childcare or medical costs
- One parent losing a job or becoming disabled
Modifications require a parent to file a petition with the court, and the burden is on the requesting party to prove the change in circumstances. Temporary hardships like short-term unemployment may not qualify unless they have a long-term impact.
Contact the Orlando Child Support Lawyers at McMichen, Cinami & Demps for Help Today
Child support can be technical and complex. That’s where McMichen, Cinami & Demps can help. Consulting with our experienced Orlando child support attorneys can ensure your child’s needs are protected and that your support order is fair and enforceable. Contact us today at (407) 898-2161 to schedule a free consultation in our Orlando, FL office and learn more about your rights and options.
McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803