Florida Child Support Laws

Florida Child Support Laws

Last verified: February 2026

Florida uses the Income Shares Model to calculate child support, based on the principle that children should receive the same financial support they would have received if the parents lived together. Under Florida Statute 61.30, both parents share responsibility for supporting their children based on their respective incomes and the time-sharing arrangement.

Table of Contents

Quick Summary: Florida Child Support

  • Model Used: Income Shares Model
  • Governing Law: Florida Statute 61.30
  • Support Ends: Age 18 (or 19 if still in high school and performing in good faith)
  • Modification Threshold: 15% or $50, whichever is greater
  • Time-Sharing Adjustment: Applies when a parent has at least 20% of overnights
  • Statute of Limitations: None for enforcement of arrears

How is Child Support Calculated in Florida?

Florida’s child support calculation follows a structured process under Statute 61.30:

  1. Determine gross income for each parent from all sources.
  2. Calculate net income by subtracting allowable deductions.
  3. Combine both parents’ net incomes.
  4. Find the minimum support need using the guidelines schedule based on combined income and number of children.
  5. Calculate each parent’s percentage share of combined income.
  6. Multiply the minimum support need by each parent’s percentage.
  7. Adjust for childcare costs, health insurance, and time-sharing arrangements.

What Counts as Gross Income

Under Florida law, gross income includes:

  • Salary, wages, bonuses, commissions, and tips
  • Business income (gross receipts minus ordinary expenses)
  • Disability and workers’ compensation benefits
  • Unemployment compensation
  • Pension, retirement, and Social Security benefits
  • Spousal support from a previous marriage
  • Interest, dividends, and rental income
  • Royalties, trusts, and estate income
  • Reimbursed expenses that reduce living costs

Public assistance is excluded from gross income.

Allowable Deductions

To calculate net income, parents may deduct:

  • Federal, state, and local income taxes
  • Social Security and self-employment taxes
  • Mandatory union dues and retirement contributions
  • Health insurance premiums (excluding coverage for the child)
  • Court-ordered support for other children actually being paid
  • Court-ordered spousal support from a previous marriage

Imputed Income

If a parent is voluntarily unemployed or underemployed, the court may impute income based on earning potential. There is a rebuttable presumption that such a parent earns the median income of year-round full-time workers as reported by the U.S. Census Bureau. Incarceration cannot be treated as voluntary unemployment.

The Guidelines Schedule

Florida’s guidelines schedule (found in Statute 61.30(6)) provides minimum child support amounts based on combined monthly net income and number of children. For example:

Combined Monthly Net Income 1 Child 2 Children 3 Children
$1,000 $235 $365 $397
$2,500 $547 $847 $1,061
$5,000 $1,000 $1,551 $1,939
$10,000 $1,437 $2,228 $2,795

For income above $10,000 combined monthly, percentages are applied to the excess: 5% for one child, 7.5% for two children, 9.5% for three children, and higher percentages for more children.

Time-Sharing Adjustments

Florida law requires adjustments when a parent exercises at least 20% of overnights (approximately 73 nights per year). The calculation:

  1. Calculate each parent’s base support obligation (without childcare and health insurance).
  2. Multiply by 1.5.
  3. Calculate each parent’s percentage of overnight stays.
  4. Multiply each parent’s adjusted obligation by the other parent’s percentage of overnights.
  5. The difference between these amounts is the support transfer, adjusted for childcare and health insurance costs.

This adjustment recognizes that parents incur direct costs when children are in their care.

How to Modify a Child Support Order in Florida

Florida allows modification when there is a substantial change in circumstances. The difference between the current order and a new calculation must be at least:

  • 15% of the current order, OR
  • $50, whichever is greater

Grounds for modification include:

  • Significant income changes for either parent
  • Changes in daycare or health insurance expenses
  • Termination of alimony
  • Changes in the time-sharing arrangement
  • Child’s changed needs

A parent’s failure to exercise the court-ordered time-sharing schedule (not caused by the other parent) is grounds for modification, retroactive to when the failure began.

To petition for modification, file at the circuit court clerk’s office in your county. Find the petition form here.

What Happens if You Do Not Pay Child Support in Florida?

Florida takes child support enforcement seriously. If you fail to pay, the custodial parent or the Department of Revenue can file a “motion for civil contempt.”

Enforcement Remedies

  • Income withholding: Wages garnished directly from employer
  • Tax refund interception: Federal and state refunds seized if $500+ owed
  • Lottery winnings seizure: Amounts over $600 intercepted
  • Bank account levy: Funds seized if $600+ owed
  • Property liens: Placed on real estate and vehicles
  • License suspension: Driver’s, professional, and recreational licenses
  • Credit reporting: Affects credit score and borrowing ability
  • Workers’ compensation interception: Benefits garnished
  • Home equity freeze: Prevents spending
  • Contempt of court: Up to one year in jail per violation

Criminal Penalties

Under Florida Statute 827.06 and 775.082:

  • Third-degree felony: Owing more than $5,000 or more than one year of back support, punishable by up to 5 years in prison or $5,000 fine
  • First-degree misdemeanor: Can result in up to one year in jail until paid

There is no statute of limitations on child support arrears in Florida. Interest may be imposed on unpaid amounts.

When Does Child Support End in Florida?

Florida child support typically ends when the child:

  • Turns 18, OR
  • Turns 19 if still in high school and performing in good faith with reasonable expectation of graduation, OR
  • Becomes legally emancipated, OR
  • Marries

Support may continue indefinitely if the child is mentally or physically disabled and unable to support themselves.

Emancipation in Florida

To be emancipated in Florida, a minor must:

  • Be at least 16 years old
  • Be financially independent or capable of self-support
  • Petition the court and demonstrate emancipation is in their best interest

Note: Even emancipated minors in Florida cannot marry without parental consent.

Frequently Asked Questions

1. Is there a maximum child support amount in Florida?

There is no statutory maximum. The guidelines schedule extends to $10,000 combined monthly net income, with percentages applied to higher incomes. Support amounts are determined case by case based on actual incomes and circumstances.

2. Can I stop paying child support if I am denied visitation?

No. Child support and visitation (time-sharing) are separate legal issues in Florida. You must continue paying support even if denied time-sharing. Address visitation disputes through proper court motions. Withholding support can result in enforcement actions against you.

3. How do I apply for child support enforcement in Florida?

Contact the Florida Department of Revenue, Child Support Program. They can help establish paternity, locate absent parents, obtain support orders, and enforce existing orders. Services are available regardless of income level.

4. Can child support be modified if I lose my job?

Yes, but you must petition the court for modification immediately. Do not simply stop paying. Document your job loss and job search efforts. The court may reduce support, but modifications are generally not retroactive to before the petition was filed. Arrears continue to accumulate until a new order is entered.

5. Does my new spouse’s income affect my child support obligation?

Generally, no. A new spouse’s income is not included in the child support calculation. However, if your new spouse’s income significantly reduces your living expenses, allowing you more disposable income, this could be a factor in deviation requests. The focus remains on your income and your children’s needs.

Florida child support laws can be complex, especially with time-sharing adjustments. For guidance on your specific situation, consider consulting with a Florida family law attorney. You can get a free case consultation from a lawyer here.

Leave a Comment