Most people who come and see me regarding child support think child support is just a flat percentage of a parent’s income, that a judge just picks a number that he/she believes is fair, is based on who is a better parent or spends more time with the child(ren), or even that the parents can agree to an amount amongst themselves. Fortunately, or unfortunately, depending on what side of the equation you are on, child support in Florida is based on guidelines established by the legislature and defined in Florida Statutes § 61.30. The statute provides a standard for determining child support in all cases and is intended to ensure a fair amount of support. The guidelines are used for an initial determination of child support and any modification. Florida law also allows deviation from the guidelines, which are enumerated in the statute and are too intricate to address in this brief article.
The guidelines consider the income of both parents, not just the parent who earns the most. It also considers the cost of the child’s healthcare/dental/vision insurance (only the child’s share, not including the parents'), non-covered medical, dental and prescription medication costs, and childcare costs related to the child or children. The number of children involved is also considered and affects the amount of child support awarded. Finally, but not always, the number of overnight visits a child spends with a parent is taken into account. For example, the more overnights a parent has, the more likely the guidelines are to adjust to have that parent either receive or pay more. Basically, the more balanced the overnights are, the more likely it is that both parents bear substantial costs (food, space, utilities, etc.) and that child support will be adjusted accordingly.
At Chesser & Barr, P.A., our experienced family law attorneys explain the ins and outs of the child support guidelines and discuss how different timesharing arrangements, expense arrangements (adding to or shifting childcare and insurance costs between the parents), and overnight visitations can affect the amount of child support. These discussions help a parent make informed choices during mediation or when making proposals at trial. We are here to help you.
About the Author: Mr. Corlew, a shareholder in Chesser & Barr, P.A., has more than a decade of experience in representing family law clients across the Emerald Coast.
This article is for general information only and is not intended as and does not constitute legal advice or solicitation of a prospective client. It should not be relied on for legal advice in any factual circumstance.