Child support in Florida

How child support is figured in Florida

Model

Income shares

How it works

The parents' monthly net incomes are added together and looked up in the guidelines schedule in the statute. Each parent pays a share based on their percentage of the combined income, plus shares of child care and the child's health insurance and medical costs. If each parent has the child at least 20% of overnights, a special time-sharing formula is used.

Low income

If the paying parent's net income is below the schedule, the court sets an amount case by case. The payment is the lesser of the parent's share and 90% of the difference between their monthly net income and the federal poverty guideline for one person. The judge may move up to 5% from the guideline amount; more than 5% needs written reasons.

Law: Fla. Stat. 61.30(6)(a); Fla. Stat. 61.30(1)(a)

Official calculator

Official Florida child support worksheet

Health insurance and medical costs

Every support order must provide health insurance for the child when it is reasonable in cost and accessible. It is presumed reasonable if adding the child costs no more than 5% of the parent's gross income. Uncovered medical, dental and prescription costs are shared.

Law: Fla. Stat. 61.13(1)(b); 61.30(8)

Change a child support order in Florida

When a change is allowed

The change must usually be substantial, permanent and involuntary. In court, the guideline amount must differ from the current order by at least 15% or $50, whichever is greater. When the Department reviews an order (the Department says: more than 3 years since it was issued, reviewed or changed), a difference of at least 10% and at least $25 is enough, with no need to prove a change in circumstances.

Law: Fla. Stat. 61.30(1)(b); Fla. Stat. 61.30(1)(c)

How to ask

Either parent with a case can ask the Child Support Program to review the order. Or file a Supplemental Petition for Modification of Child Support in circuit court with a financial affidavit. Until the order is changed, the old amount is still owed.

Law: Form 12.905(b)

Forms

• Supplemental Petition for Modification of Child Support, Form 12.905(b) (packet from the Fifth Judicial Circuit)
• How to request a change (Department of Revenue)

Law: Fla. Stat. 61.30(1)(b)-(c); 61.14

Can I ask for a change? Check your situation

Ask the agency to review (change) your order

Collect unpaid child support in Florida

Arrears means support that is past due. The child support agency can use these tools to collect it:

Collection tools

• Income withholding
• Driver's license and vehicle registration suspension
• Professional and recreational license suspension
• Passport denial
• Federal tax refund intercept
• Liens on motor vehicles and boats
• Bank account levy
• Collection from insurance settlements and workers' compensation
• Credit bureau reporting
• Judgment by operation of law
• Court action, including contempt

License suspension

The agency may send a notice of intent to suspend once a payment is 15 days late. You then have 20 days to pay, sign a payment agreement or contest it, or the license is suspended.

Law: Fla. Stat. 61.13016

Contempt of court

The Child Support Program can take a parent to court for nonpayment. Outcomes can include payment of past-due support, contempt of court, a work search or job training.

Interest on unpaid support

Unpaid support can become a final judgment by operation of law. The depository charges interest on support judgments at the statutory judgment rate set under Fla. Stat. 55.03.

Law: Fla. Stat. 61.14(6)(d)

Law: Fla. Stat. 61.13016; 61.14(6)

Ask the agency to collect unpaid support

When child support ends in Florida

Support ends

18, or up to 19 if the child is still in high school, dependent, and expected to graduate before 19

Exceptions

A court can order support past 18 for a child whose mental or physical incapacity began before age 18.

Law: Fla. Stat. 743.07(2); 61.30(1)(a)

When does support end? Check your situation

Good to know in Florida

• Retroactive support in a first order can reach back up to 24 months before the petition was filed (Fla. Stat. 61.30(17)).
• If income information is missing, the court presumes the parent earns the median income of full-time workers (Fla. Stat. 61.30(2)(b)).
• A parent who has the child at least 20% of overnights gets a time-sharing adjustment (Fla. Stat. 61.30(11)(b)).

Federal rules in every state

• Applying. If you don't get TANF, Medicaid or foster care help, a state may charge an application fee of up to $25 to open a child support case. Law: 42 U.S.C. 654(6)(B)(i)
• Yearly fee. If you never got TANF and the agency collected at least $550 for you in a year, the state charges a $35 yearly fee. It can come out of your support, but never out of the first $550. Law: 42 U.S.C. 654(6)(B)(ii)
• Review every 3 years. If your case is with the child support agency, either parent can ask it to review the order every 3 years and adjust it to the guidelines. Law: 42 U.S.C. 666(a)(10)(A); 45 CFR 303.8
• Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)
• Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
• Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
• Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
• How long support lasts. How long support lasts follows the law of the state that made the order, even if you move. Law: 28 U.S.C. 1738B(h)(2)

Questions about child support in Florida

More help on our sister sites

• Divorce and custody in Florida (Divorce Law Map)
• Other legal problems (RobinClaim)

Sources

Other states