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Florida Child Support in Divorce: How It Is Calculated
Florida Child Support in Divorce: How It Is Calculated
If you are getting divorced in Florida and have minor children, child support is one of the financial issues that needs to be addressed as part of your case.
Parents often come to us with the same questions: How is Florida child support calculated? Does it matter how many nights the children spend with each parent? What if we already agree on an amount? And does the child support office automatically become involved?
Florida uses child support guidelines rather than simply allowing either parent to choose a number. The calculation considers both parents’ income and other information about the children and parenting arrangement.
This guide explains how child support generally works in a Florida divorce and how we handle the child support paperwork in the divorce-with-children cases prepared by Divorce in Florida Online.
If you need a broader overview of the entire process first, visit our Divorce With Children in Florida guide.
Is Child Support Required in a Florida Divorce With Children?
When minor children are involved in a Florida divorce, child support generally needs to be addressed as part of the child-related paperwork.
Florida’s child support guidelines create a presumptive support amount based on the statutory calculation. The court can approve or order a different amount in appropriate circumstances, but deviations from the guideline amount are subject to Florida’s requirements.
For the mutual-agreement divorce-with-children process we handle, we calculate child support using the financial and parenting information provided by both parents and include the appropriate child support documents with the divorce paperwork.
Official Source: Florida Statute §61.30 – Child Support Guidelines →
How Is Child Support Calculated in Florida?
Florida’s child support calculation starts with financial information from both parents.
The calculation generally works through several steps:
- Determine each parent’s gross monthly income.
- Subtract the deductions allowed by Florida’s child support law to determine net income.
- Combine both parents’ net income.
- Use Florida’s child support guideline schedule to determine the basic child support need.
- Account for certain child-related expenses.
- Apply the parenting/time-sharing information when required.
- Determine each parent’s share of the resulting child support obligation.
The final calculation depends on the actual information for your family. Two families with the same number of children can have very different child support calculations because their incomes, insurance costs, childcare expenses and parenting schedules are different.
What Income Is Used for Florida Child Support?
Florida law uses a broad definition of income for child support purposes.
Depending on the circumstances, gross income can include items such as:
- Salary and wages
- Bonuses, commissions, overtime and tips
- Self-employment or business income
- Disability benefits
- Workers’ compensation
- Unemployment or reemployment assistance
- Pension, retirement or annuity payments
- Social Security benefits
- Interest and dividends
- Rental income
- Income from royalties, trusts or estates
- Certain reimbursed expenses or in-kind payments that reduce living expenses
Florida law also permits income to be imputed in some circumstances when a parent is voluntarily unemployed or underemployed.
What Deductions Are Used to Determine Net Income?
The calculation does not simply use gross income. Florida law identifies specific deductions that may be used when determining each parent’s net income.
- Applicable income taxes
- FICA or self-employment taxes
- Mandatory union dues
- Mandatory retirement payments
- Health insurance payments for the parent, excluding coverage for the minor child
- Court-ordered support for other children that is actually being paid
- Certain court-ordered spousal-support payments
After the appropriate deductions are applied, both parents’ net incomes are combined for purposes of the guideline calculation.
What Child-Related Expenses Affect the Calculation?
The child support calculation can also include expenses related specifically to the children.
Depending on the circumstances, information may be needed about expenses such as:
- Health insurance covering the children
- Childcare or daycare related to employment or qualifying circumstances
- Certain medical expenses
- Other expenses addressed by Florida’s child support guidelines
This is one reason we ask parents for financial information before preparing the child support portion of a divorce-with-children case.
Does the Parenting Schedule Affect Child Support?
Yes. The number of overnights the children spend with each parent can affect the Florida child support calculation.
Florida’s child support statute includes a specific calculation when a child spends a substantial amount of time with each parent. For purposes of that calculation, substantial time-sharing means that each parent exercises at least 20 percent of the overnights during the year.
Twenty percent of a 365-night year is approximately 73 overnights.
That does not mean child support automatically disappears when parents have significant or equal time-sharing. Income and the other parts of the statutory calculation still matter.
Florida law can also consider parenting arrangements involving significant time that falls below the 20-percent threshold when evaluating whether an adjustment is appropriate.
For a deeper explanation of how the two documents work together, read our Parenting Plan and Child Support Guide.
What Information Do We Need to Calculate Child Support?
When we prepare a mutual-agreement divorce involving children, we need enough information to prepare the financial documents and child support calculation accurately.
Depending on the case, that can include information about:
- Each parent’s income
- Pay frequency
- Applicable taxes and mandatory deductions
- Health insurance
- Childcare expenses
- Other court-ordered support obligations
- The parenting schedule and number of overnights
We use the information supplied by the parents to prepare the applicable Florida child support documents. We do not determine what information a parent should report or provide legal advice about disputed income.
What Is the Florida Child Support Guidelines Worksheet?
Florida Courts provides an official Child Support Guidelines Worksheet, Form 12.902(e).
The worksheet uses the parents’ financial information, child-related costs and parenting information to calculate support under Florida’s guidelines.
The worksheet is an important part of cases in which child support is being established or modified.
Official Source: Florida Courts – Child Support Guidelines Worksheet 12.902(e) →
What If Both Parents Agree on Child Support?
Parents often tell us that they already agree about child support.
Agreement makes the divorce process easier, but the child support portion of the paperwork still needs to be addressed appropriately.
For mutual-agreement cases prepared through Divorce in Florida Online, we calculate the guideline amount using the information the parents provide and include child support in the divorce documents.
This keeps the child support paperwork consistent with the parenting plan and the rest of the divorce documents.
Can Parents Agree to a Different Child Support Amount?
Florida law allows the court to consider deviations from the guideline child support amount.
The statute permits a variation of up to 5 percent after consideration of relevant factors. A variation of more than 5 percent requires written findings explaining why the guideline amount would be unjust or inappropriate.
Florida law also identifies factors that may support an adjustment, including certain extraordinary medical or educational expenses, special needs, seasonal income, the child’s independent income, particular parenting arrangements and other circumstances.
Our business process is more specific: if parents want us to prepare a mutual-agreement divorce using a child support amount that differs from the guideline calculation, we do not use our established Lee County no-court-hearing process for that case. The divorce must instead be handled through the appropriate local court process.
If you need advice about whether you should request a deviation or what amount should be requested, you should consult a licensed Florida family-law attorney.
Does Child Support Automatically Come Out of the Paying Parent’s Paycheck?
Not in the mutual-agreement process we prepare.
The divorce documents can establish a child support obligation without automatically setting up payroll deduction through our document-preparation process.
The parents remain responsible for following the child support provisions contained in their final court order.
If a parent later needs enforcement, collection assistance or advice about income deduction, that is a separate issue from simply calculating and including child support in the divorce documents.
Does the Florida Child Support Office Automatically Become Involved?
No—not simply because child support is included in the divorce paperwork we prepare.
Our mutual-agreement divorce process does not automatically open a child support enforcement case with the Florida Department of Revenue.
If the parent who is supposed to receive support later needs assistance collecting support, that parent may have options for seeking enforcement or child support services after the divorce.
Is Child Support the Same as Time-Sharing?
No. Child support and time-sharing are related parts of a divorce involving children, but they are not interchangeable.
Florida law specifically provides that a parent who is not receiving court-ordered support may not simply refuse to honor the time-sharing schedule because support has not been paid. Likewise, a parent whose time-sharing rights are being denied is not automatically relieved of an ordered child support obligation.
Official Source: Florida Statute §61.13 – Support, Parenting and Time-Sharing →
How Long Does Child Support Last in Florida?
Child support generally applies while the child is a minor.
Florida law also provides for support in certain situations when a child is between ages 18 and 19, is still in high school, is performing in good faith and has a reasonable expectation of graduating before turning 19.
Different rules can apply to a child who remains dependent because of a qualifying disability or other circumstances.
Can Child Support Be Changed After the Divorce?
Child support orders can sometimes be modified after a divorce when the legal requirements for modification are met.
Changes in financial circumstances, the child’s circumstances, insurance availability or the amount produced by the current guidelines may be relevant depending on the case.
Florida law also provides that the difference between an existing monthly obligation and the current guideline amount generally must be at least 15 percent or $50, whichever is greater, before the guidelines themselves may establish the substantial change required for modification.
Someone seeking to change an existing child support order should obtain legal advice if they need help determining whether the circumstances satisfy the legal requirements for modification.
Official Source: Florida Statute §61.14 – Modification and Enforcement of Support →
How Child Support Fits Into a Mutual-Agreement Divorce With Children
When parents agree on their divorce, child support is only one piece of the child-related paperwork.
The case may also require:
- A Parenting Plan
- A time-sharing schedule
- Financial affidavits
- The Child Support Guidelines Worksheet
- The required parenting course
- Other documents applicable to the family’s circumstances
These documents need to work together. The parenting schedule affects the child support calculation, and the financial information used for child support must be consistent with the other financial documents in the case.
If you and your spouse agree and want to understand the complete process, visit our Mutual Agreement Divorce With Children page.
What If the Other Parent Won’t Cooperate?
Parents do not have to be in mutual agreement for a Florida divorce to proceed.
If your spouse can be located but will not cooperate or sign the divorce documents, your case may need to proceed through service of summons.
Learn About Divorce With Children by Summons →
What If the Other Parent Cannot Be Located?
Child support becomes more complicated when the other parent genuinely cannot be located and has not been personally served.
The publication-with-children process is different from an ordinary mutual-agreement or summons divorce, particularly because of the limitations created when the missing parent has not been personally served or appeared in the case.
Learn About Divorce With Children by Publication →
Need Help Preparing Your Florida Divorce With Child Support?
Divorce in Florida Online has helped Florida families prepare divorce documents for more than 15 years.
When a divorce involves minor children, we collect the financial and parenting information needed to prepare the appropriate child support and divorce documents based on the information and decisions you provide.
We are a non-attorney divorce document preparation service. We do not determine what child support amount you should request, provide legal advice or represent either parent in court.
Our process is remote, so no office visit is needed.
Tell Us About Your Situation
If you are getting divorced with minor children, tell us a little about your situation. We’ll review the information you provide and help determine which of our document-preparation processes may fit your case.
Tell Us About Your SituationFrequently Asked Questions About Florida Child Support
How is child support calculated in a Florida divorce?
Florida uses statutory child support guidelines. The calculation considers both parents’ income, allowable deductions, the number of children, certain child-related expenses and the parenting/time-sharing arrangement.
Does 50/50 time-sharing mean nobody pays child support?
No. Significant or equal time-sharing can affect the calculation, but it does not automatically eliminate child support. The parents’ incomes and the other elements of the guideline calculation still matter.
What is the 73-overnight rule in Florida child support?
Florida’s substantial-time-sharing calculation applies when each parent exercises at least 20 percent of the annual overnights. Twenty percent of 365 nights is approximately 73 nights.
Can we agree that neither parent will pay child support?
Parents can have their own agreement, but child support in a divorce involving minor children still must be addressed according to Florida law and court requirements. If parents want a result that differs from the guideline calculation, additional court consideration may be required.
Does child support automatically come out of a paycheck?
Not through the mutual-agreement document-preparation process we provide. The final divorce documents can establish a support obligation without our process automatically setting up payroll deduction.
Does the Florida Department of Revenue automatically handle our child support?
No. Including child support in the mutual-agreement divorce paperwork we prepare does not automatically open a child support enforcement case with the Florida Department of Revenue.
Can child support be modified later?
Sometimes. Florida law allows modification in qualifying circumstances. Whether a particular change is sufficient depends on the facts and the legal requirements applicable to the existing order.
Official Florida Resources Used for This Guide
- Florida Statute §61.30 – Child Support Guidelines
- Florida Statute §61.13 – Support, Parenting and Time-Sharing
- Florida Statute §61.14 – Modification and Enforcement of Support
- Florida Courts – Child Support Guidelines Worksheet, Form 12.902(e)
Legal Disclaimer
Disclaimer: The information on this website is provided for general informational and educational purposes only and should not be construed as legal advice. Divorce in Florida Online is not a law firm, and no attorney-client relationship is created by the use of this website or its content. We do not provide legal advice or legal representation. Laws and procedures vary by case and may change over time. For legal advice regarding your individual circumstances, you should consult with a qualified, licensed attorney.
