Introduction:
Child support is a well-implemented system for making sure that even in the presence of children in a divorce or separation, the financial needs of your children are well taken care of. The idea of the court deciding on who should be declared responsible for your children is really daunting. However, it would be appropriate to remind yourself in those moments that this child support does serve the best interest of your children. In most cases, these amounts reflect what one would have naturally provided for upbringing if it were not for different circumstances.
In Florida, child support is a highly calculated formula with many variables. The following is a general outline of some of the more crucial elements that are factored in a child support award.
Key takeaways:
- While there are many child support calculators online that do their best to give you an idea of what you might pay, these calculators do not offer as accurate a representation as one might think.
- Check with one of our attorneys if you want a more accurate representation of what you can expect to pay in child support.
- There are a variety of factors that affect the amount of child support you might have to pay, lawyers stay up to date on these changes and can give you the most accurate representation of what you would have to pay.
What Income is Considered When Calculating Child Support?
Florida uses a calculation based on the combined net income of the parents. The following are types of income typically considered:
- Salaries or Wages
- Bonuses, commissions, allowances, overtime, tips, and other forms of compensation
- Business income from self-employment, partnerships, closely held corporations, or independent contracts — to be calculated as gross receipts minus ordinary and necessary business expenses
- Disability benefits
- Workers’ compensation benefits and settlements
- Unemployment compensation
- Pension, retirement, or annuity payments
- Social Security benefits
- Spousal support from a prior marriage
- Interest and dividends
- Rental income — gross receipts minus ordinary and necessary expenses
- Royalties, trusts, or estates income
- Reimbursed expenses or in-kind payments that reduce living expenses
- Capital gains from sales of property, to the extent non-recurring
What Other Material Factors Affect Calculations of Child Support?
Although income tends to be the biggest factor in calculating child support, the court takes other factors into consideration. These include employment issues, needs for child care, timesharing with the child, healthcare costs, and many others. All these are important factors for consideration when establishing a proper amount to attain the correct child support cost.
- Employment Status: If either parent is unemployed or underemployed, and it’s determined that they are intentionally so, a judge may order that parent to seek employment, enroll in job training, or participate in a work program.
- Child Care Costs: Child care costs for the children may be included in the child support obligation, so long as these costs do not exceed what is considered to be the typical rate for good quality, licensed child care providers.
- Parenting Time: As touched upon above, parenting time is one of the factors in the child support calculation. Where a parent has less than 20 percent of the overnights with the child, their obligation may increase. Conversely, the more overnights a parent has with his or her child, the lesser the support obligation may be. However, if a parent requests more time only to reduce his or her child support, yet the parent doesn’t use the time, this fact could be the grounds to modify and increase the level of support.
- Health Care and Insurance: The cost of healthcare, including the children’s insurance premiums, is often treated as a factor of the child support determination.
- Judicial Discretion: The judges in Florida can deviate up to 5% from the amount yielded by the formula, but they need to have a good reason to do so. Any greater deviation must be in writing and with legally sufficient reasons. Examples of such reasons would include one parent spending the majority of time with the children or other unique family situations such as an adoption after the support obligation was established.
How Child Support Calculators Can Be Used
There are several online calculators such as the one at floridachildsupportcalculator.com, which at least gives an approximation of child support. These can be used to give a general idea but cannot substitute the specific legal advice of an attorney.
There are so many variables regarding child support that it is crucial to get an attorney who can accurately advise you regarding your particular situation. At Compton and Smith, PA we have lawyers ready to hear your case and give you an idea of what you might be looking at in child support costs with a free consultation.
Summary
Child support is designed to provide children with financial resources, especially when their family structure changes. While the process can be overwhelming at times, it is often easier to think one’s way through some emotional difficulties by focusing on what is in the best interests of the children. If you need help with anything, don’t hesitate to consult one of our legal experts who will help you through the process and ensure that your child support requirements are appropriate and meet your individual needs.
Disclaimer
Please be aware that any and all information provided in this guide (including replies to comments) is for informational purposes only. Specifically, no legal advice is being given to the user or any third party. For specific answers to any questions, please consult an attorney of your choosing.
