Child Support in a Florida Divorce
Parents have a legal duty to support their minor child or children. In Florida, the amount a parent is obligated to pay in child support is determined by the Florida Child Support Guidelines under section 61.30 of the Florida Statutes.
According to the Florida Child Support Guidelines, the minimum child support need is determined by applying the guidelines schedule in section 61.30(6) to the parents’ combined monthly net income.
In the event that the parents’ combined monthly net income is greater than the amount in the guidelines schedule, i.e., in excess of $10,000 per month, then the minimum child support need is the minimum amount of support provided by the guidelines plus the statutorily established percentages multiplied by the amount of income over $10,000 as shown in the chart below:
Child or Children
| One | Two | Three | Four | Five | Six |
| 5.0% | 7.5% | 9.5% | 11.0% | 12.0% | 12.5% |
Factors that may affect the amount of child support owed by each parent include, but are not limited to the following: the parents’ time-sharing arrangements, one parent’s prepayment of childcare and health insurance for the child, the comparative incomes of the parents, accurate accounting of each parents actual monthly income, and, in dissolution of marriage cases, the amount of alimony paid or received.
As in any other legal issue, there are always nuances that may apply to a specific set of facts. For example, a parent may be “underemployed” for the purpose of reducing his or her child support. In contrast, the other parent may be “underemployed” to increase the amount of child support he or she receives. It is imperative to have legal representation during a divorce to guide you through the process. Our office has handled cases where child support has been a highly contested issue during a divorce. There are other factors to consider, such as a parent’s payment of the minor child’s private school. In certain instances, courts in Florida have included payments toward a minor child’s private school education as part of child support.