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Child Support in Florida

Child Support Laws in Florida

Child support is the regular payment made by a parent for the maintenance of their child after divorce in Florida. Usually, a non-custodial parent pays child support to a custodial parent, but this is not always the case. If a child does not live with either parent, both parents could be required to pay child support to an adult with physical custody of their child. Child support was a requirement by federal legislation under Title IV-A of the Social Security Act of 1935. In line with the provisions of this Act, the federal government appropriated funds to states for the financial support of minors through the Aid to Families with Dependent Children (AFDC) program. However, public attitudes to this program became negative as it was regarded as an undue financial burden on taxpayers. Consequently, the US Congress amended the Social Security Act in 1975 to add Title IV-D. This amendment mandated all states, including Florida, to establish a program to identify non-custodial parents of minors, establish paternity, and enforce child support obligations.

The Senate Finance Committee noted that the child support amounts imposed on some non-custodial parents in line with Title IV-D of the 1975 Social Security Act were insufficient to meet their children's needs. In other cases, child support obligations were unreasonably high. Consequently, Title IV-D of the Social Security Act was amended in 1984, requiring states to establish their child support guidelines. A 1988 amendment rendered child support guidelines presumptive and mandated states to review their guidelines for child support amounts at least once every four years. It also strengthened the child support program in states, including Florida, by automating child support payments and requiring states to withhold them from non-custodial parents' wages.

In line with the Social Security Act amendment of 1984, Florida adopted its first child support guidelines during the 1987 legislative session. This guideline recognized both parents' equal responsibility to provide financially for their child. It also stated that children of divorced parents were entitled to the same financial support they would get if both parents were still married. Because the 1988 amendment of the Social Security Act required periodic guideline review, Florida's child support guidelines were reviewed between 1993 and 2021 (the most recent). Each review made recommendations for changes in Florida's schedule for child support obligations. Nevertheless, the amount of child support for specific income levels has remained unchanged since 1993. The provisions of Section 61.30(16) of the Florida Statutes require the Florida Legislature to review the state's child support guidelines every four years.

In Florida, Circuit Courts in various counties handle child support cases. Florida's current child support laws are contained in Title VI (Civil Practice and Procedure) of the Florida Statutes. According to the provisions of Section 61.29 of the Florida Statutes, each parent is obligated to support their child. It also stipulates that parents are encouraged to reach agreements for child support out of court. Florida's laws for child support obligations apply to parents whether or not they are married to each other. Section 61.09 of the Florida Statutes stipulates that a person who is not receiving child support from their financially capable spouse may apply to a court for it without seeking a divorce. The court may impose a child support order on the other spouse as it deems just.

How Does Child Support Work in Florida

Child support is mandatory in Florida, with or without a court order. If a non-custodial parent does not pay child support, a custodial parent may apply for child support services from the Florida Department of Revenue. They may also file a petition for child support with a Circuit Court clerk. According to the provisions of Section 61.13 of the Florida Statutes, a court may order a non-custodial parent to pay child support to a custodial parent. Nevertheless, if neither parent has custody of a child, a court may order both parents to pay child support to a third party with physical custody of the child.

In line with the provisions of Section 61.13(1) of the Florida Statutes, all child support orders specify the amounts of monthly child support obligations. If a child support petition involves more than one child, the order would indicate the amount a non-custodial parent must pay for the remaining children after some are no longer eligible for support. Child support orders also state the months and days when child support obligations would be terminated. Per the provisions of Section 61.13(2) of the Florida Statutes, a Circuit Court ordering child support has authority to modify the amount of child support a parent is obligated to pay. The court can also require the non-custodial parent to show up in court if matters concerning their child support payments arise and modify the terms and conditions for payment if:

  • Their child marries, joins the army, dies, or is emancipated
  • There is a significant change in their financial status

What is the Average Child Support Payment in Florida

In Florida, child support amounts differ, depending on the number of children requiring support and both parents' combined monthly net income. Florida's monthly child support amounts are listed in Section 61.3(6) of the Florida Statutes. According to the provisions of Section 61.30(3) of the Florida Statutes, a parent's net come is obtained by subtracting the following allowable deductions from their gross income:

  • Self-employment tax or a federal insurance contribution
  • Mandatory union dues
  • State, federal, and local income tax reductions
  • Compulsory retirement payments
  • Health insurance payments
  • Court-ordered spousal support and child support for another child

Per Section 61.3(2)(a) of the Florida Statutes, a parent's gross income includes their wages, social security benefits, rental income, disability benefits, pension payments, and spousal support from a previous marriage. The Florida Department of Revenue recommends using online calculators to estimate child support amounts. Nevertheless, Florida residents should only use estimates from such calculators for informational purposes. A Circuit Court judge hearing a child support case decides the actual child support amount.

How to Avoid Child Support in Florida

The provisions of the Florida Statutes mandate parents in Florida to pay child support for their legally dependent children. Nevertheless, a non-custodial parent can avoid paying child support by:

  • Requesting a child support order modification from court: this request can be based on a substantial change in the parent's circumstances as stipulated in Section 61.30 of the Florida Statutes, such as a physical disability or involuntary unemployment
  • Giving up parental rights in line with the provisions of Section 39.806 of the Florida Statutes or allowing another adult to adopt their child
  • Agreeing with the custodial parent for the child to live with them

How to Get Child Support Arrears Dismissed in Florida

After a Circuit Court issues a child support order in Florida, the non-custodial parent must pay the stipulated amount to the custodial parent. If they fail to pay child support, the debt could accumulate into child support arrears. The Florida Statutes do not contain a statute of limitations on child support arrears. Therefore, child support arrears cannot be dismissed in Florida. According to the provisions of Section 61.14(9) of the Florida Statute, a non-custodial parent with child support arrears is obligated to pay owed child support to a custodial parent even after their child turns 18 years.

How to Choose a Child Support Lawyer in Florida

A person interested in filing a child support case in a Florida Circuit Court can hire a private attorney or get assistance from a legal clinic. To choose a child support lawyer in Florida, a parent should consider the cost implication and the type of service they require. Private attorneys cost more than legal clinics, but they provide more personalized services. The Florida Office of the State Courts Administrator (OSCA) provides a list of legal aid organizations that could help with child support cases.

What Happens if You Don't Pay Child Support in Florida

Child support is only enforceable when there is a written judgment from a Florida Circuit Court judge. A person who deliberately avoids paying a court-ordered child support despite being financially capable commits an offense and can be found in contempt of court. According to the provisions of Section 61.12 of the Florida Statutes, the court may garnish the offender's wages to satisfy the ruling. The defaulting parent could face other penalties like fines, suspension of their driver's license, seizure of their bank accounts, jail time, or an income tax refund seizure.

When Does Child Support End in Florida

Florida child support orders typically indicate the month, day, and year for termination of the payment in line with the provisions of Section 61.13 of the Florida Statutes. This law also states that a non-custodial parent's obligation to pay child support ends on the child's 18th birthday. Nevertheless, in line with the provisions of Section 743.07 of the Florida Statutes, a court may require a non-custodial parent to continue paying child support for a child above 18 years if:

  • Their child has a physical or mental disability that began before they turned 18 years
  • Their child is still in high school. In such a case, child support could continue till the child reaches 19 years

Child support obligation could also end when a child is emancipated, dies, or joins the military. However, Section 61.14(10) of the Florida Statutes stipulates that if a child support obligation ends due to emancipation, the non-custodial parent must pay any child support arrears to the other parent.

How to Stop Child Support in Florida

The process of stopping court-ordered child support in Florida depends on how the non-custodial parent has been making payments. If a non-custodial parent previously made child support payments by mailing checks directly to the custodial parent, they could stop when the child turns 18 years or as stipulated in the court order. Conversely, if the child support payment is made through the Florida Department of Revenue, the non-custodial parent must get a court order to stop the payment after the child turns 18 years.