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Complex Divorce & Family Law
Establishing, defending, and modifying support under Florida's child support guidelines.
Florida uses an income-shares model under section 61.30. The court combines both parents' net monthly incomes, finds the guideline support amount for that combined income and the number of children, and then allocates it between the parents in proportion to their incomes. Net income is gross income minus allowable deductions such as taxes, health insurance, and mandatory retirement.
If a parent is voluntarily unemployed or underemployed, the court can impute income based on earning capacity. This issue is common — and contested — where one spouse owns a business or controls how income is reported.
A court may deviate from the guideline amount by more than 5% only with written findings explaining why. Support can later be modified when there is a substantial change — generally a change that would alter the guideline amount by at least 15% or $50.
By the income-shares guidelines in section 61.30 — combining both parents' net incomes, the number of children, child-care and health-insurance costs, and the overnight schedule.
Generally until the child turns 18, or up to 19 if still in high school with a reasonable expectation of graduating; support can extend for a dependent adult child with a disability.
Not necessarily. Even with equal overnights, the parent with the higher income usually still pays support, because the guidelines are driven by the income difference.
Yes, on a substantial change in circumstances — typically a change that would move the guideline amount by at least 15% or $50.