CHILD SUPPORT

Jurisdiction. Where is jurisdiction for a child support case? The court initially entering an order requiring one or both parents to make child support payments has continuing jurisdiction after the entry of the initial order if this state remains the residence of either party or the child. Jurisdiction can become complicated in family law cases. If you have questions feel free to contact our office. 

Calculations-Florida Statutes do provide guidelines and calculations so parties, lawyers and courts have definite instructions to ensure the child(ren) receive adequate support.  Florida Statutes 61.13 (1)(a) 
 
In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support to a child to pay support to the other parent or, in the case of both parents, to a third party who has custody in accordance with the child support guidelines schedule in s. 61.30.
 
Florida Statutes, Section 61.30 provides a long list of guideline amounts for child support that are determined based on the combined net monthly income of both parents. The Statute also explains what amounts to include in gross and net income of each parent.  The amount of child support may also may be impacted by the number of overnight stays one parent may have with the child(ren) so that the parent has the child(ren) the majority of the time is not burdened with essentially full support of the child(ren).  
 

Adult Dependent Child-Florida law provides that support may be required for an adult dependent “child” who, because of mental or physical incapacity beginning prior to the child reaching majority, is unable to support him or herself.

A court may also require support for a dependent person between the ages of 18 and 19 who is still in high school and performing in good faith with a reasonable expectation of graduation before the age of 19.

Can we agree to waive child support? A parent cannot waive all arrears when the Department of Revenue is a party and public assistance monies have been paid. The Department of Revenue is an essential party to a public assistance case and Department of Revenue must be noticed or a party to any stipulation between the mother and father. Dept. of Revenue v. Pericola, 662 So. 2d 386 (Fla. 5th DCA 1995).

Overview of 2024 Child Support Law Changes in Florida
Explanation of New Laws:

In 2024, Florida has implemented several critical updates to its child support laws  including adjustments to payment calculations and custody considerations. These changes address both the financial and emotional well-being of children after parental separation.

Reasons for the changes: 
Florida is adapting to the modern developments impacting employment.  The changes allow the court to more accurately assess the income from both parents, especially if one or both have unconventional jobs and/or unconventional income.  


Key Changes to Child Support Calculations


Adjustment to Income Share Model
The income share model, used to calculate child support, now incorporates a more nuanced approach ensuring that the support amount more accurately reflects each parent's ability to pay. 

Inclusion of Childcare and Healthcare Costs
Significantly, the new law mandates the inclusion of healthcare and childcare expenses directly into the basic child support calculations, recognizing these critical costs as essential components of raising children. (Source: Senate Bill 536)
Modifications in Custody and Time-Sharing Laws
It has been well publicized that Florida courts presume that 50/50 time sharing is in the best interests of the child. 

The new laws give more focus to precisely how many nights the child spends with each parent.  
A parent will need to show a substantial change in circumstances in order to modify child support. 


 Your current child support calculations/order may need review.

 

Child support issues can be complicated.  Contact us for assistance.