Law Office Of Paulette Hamilton Divorce Lawyers | September 9, 2025 | Child Support
Child support in Florida follows a standardized formula designed to ensure children receive the financial support they need from both parents. These guidelines apply whether parents are divorcing, legally separated, or were never married.
While the guidelines provide a starting point, courts sometimes find that the standard calculation does not fit a family’s particular circumstances. In those cases, judges may deviate from the formula.
What Goes Into a Florida Child Support Calculation?
Florida courts use several factors when determining child support, including:
- Each parent’s income
- The time-sharing arrangement (number of overnight visits)
- Childcare expenses
- Health insurance costs
Both parents are financially responsible for their children. Therefore, the court examines their ability to pay, not just their actual earnings.
Common income sources considered in child support include:
- Wages, salaries, and overtime
- Bonuses, tips, and commissions
- Business or self-employment income
- Spousal support from another marriage
- Disability, Social Security, and workers’ compensation benefits
- Unemployment or reemployment assistance
- Retirement, investment, and rental income
Another significant factor is the time-sharing schedule. For example, if one parent has significantly more overnights, that can substantially change the amount of support owed. Courts also add in each parent’s share of necessary childcare and health insurance expenses to ensure children’s needs are met.
Florida’s Income Shares Model
Florida follows an Income Shares Model for child support. This approach estimates how much the parents would spend on their children if they lived together and then divides that amount proportionally based on each parent’s income.
The result is a presumptive support amount, meaning it is the amount the court is expected to order unless special circumstances justify a deviation. The guidelines also provide a chart that calculates support based on net income and the number of children, with childcare and health costs factored in.
When Can Courts Deviate From the Guidelines?
By law, Florida judges may order support that is up to five percent higher or lower than the guideline amount if the circumstances warrant it. To go beyond that five percent range, the judge must make specific written findings explaining why the deviation is necessary.
Some common grounds for deviation include:
- A child with special medical, educational, or developmental needs
- High travel costs due to the time-sharing arrangement
- A support order that would consume more than 55% of one parent’s income
- A child who receives significant income or public benefits
- Parents with seasonal or irregular income
- Extraordinary family expenses, such as medical or psychological care
- One parent having insufficient income to maintain housing and basic needs
- Tax-related impacts, such as dependency exemptions or credits
Parents seeking a deviation must file a motion with the court explaining their reasoning. The court will then review the motion to determine if it has adequate grounds to order a deviation.
Can Child Support Be Modified?
Once a child support order is issued, parents must formally request a modification if their circumstances change. Courts apply the same rules for deviations when reviewing modification requests.
- Reasons for seeking a modification include:
- A parent’s significant increase or decrease in income
- Changes in custody or time-sharing
- A parent’s disability or serious illness affecting their ability to work
- Rising costs of living or healthcare expenses
- A child developing new or special needs
In such cases, the parent must show that the change is substantial and ongoing — not temporary.
Contact Law Office Of Paulette Hamilton Divorce Lawyers for a Free Case Evaluation
Deviations from Florida’s child support guidelines can make a major difference in your family’s financial stability. For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a free consultation with our experienced Orlando child support lawyers.
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