Like most states, Florida has a set of Child Support Guidelines that judges use to determine an appropriate financial payment after a couple with children gets divorced. The guidelines are based on the obligation of all parents to take care of the basic needs of their children.
When one party has primary custody of a child, the non-custodial parent will generally provide financial support to pay their share of costs. Calculating child support in Florida is the process of determining what that share should be. A dedicated child support attorney can help you protect your rights and ensure a fair outcome that also protects a child’s standard of living.
How the Child Support Guidelines Work
The State of Florida relies on a system known as an “Income Shares Model” when it comes to calculating child support obligations. This approach is designed to consider the amount of money each parent would have contributed to child-related expenses had they remained together. Parties with substantial assets that can provide more support will generally pay more than those in more difficult financial situations.
At the beginning of this process, both parents will fill out financial affidavits highlighting all their assets and debts. This includes more than just salary and wages. It also considers everything from unemployment benefits to bonuses to stock dividends, if any exist.
It is important to remember that these calculations are merely guidelines to be used by judges as a starting point. There is no requirement that the court use this exact amount, as Florida law provides leeway when crafting the final child support order.
Deviating From Recommended Guidelines
The guidelines provide a suggested monthly payment amount, but the courts are allowed to order a different figure depending on the circumstances. First and foremost, it is vital to understand that the degree a judge can deviate from the guidelines is limited. At most, a judge can only raise or lower the ordered payments by up to five percent. Even then, these deviations are only an option when certain additional factors are present.
A judge might choose to deviate from the guidelines based on issues like the parents’ financial status or the child’s age, needs, or standard of living. These small deviations do not require an explanation from the court.
It is possible in some cases to increase or decrease payments beyond this five percent threshold. In order for a judge to go beyond these limits, they must put their reasoning in writing and cite certain “deviating factors.” These factors include:
- A child’s extraordinary medial, educational, or psychological needs
- Seasonal variations in income
- Total assets of each parent
- The impact of child-related tax deductions
Either party has the power to request a judge to disregard these limits by filing a Motion to Deviate from Child Support Guidelines. Understanding how the courts can bypass these limits is an important part of calculating child support in Florida.
Learn More About Calculating Florida Child Support Amounts
You have the obligation as a parent to support your children, even if you do not currently provide their primary residence. Calculating child support in Florida starts with a careful look at your income while also taking into account your other financial obligations. Let The Florida Probate & Family Law Firm help you aggressively pursue the best available outcome in your case.