Key Takeaways
- Child support is mandatory in Florida.
- Both parents contribute to the financial well-being of their children.
- Florida bases child support on a percentage of each parent’s income.
- If both parents earn the same monthly amount, they contribute the same amount to child support. If one earns 60 percent of the household income, that person pays 60 percent of the child support, while the other contributes 40 percent.
Child support can be an emotional and challenging experience for many mothers in Florida, significantly when circumstances change and the need for financial support is called into question. Whether you’re facing a job loss, a change in your child’s needs, or simply seeking a fresh start, the implications of not addressing the child support situation can result in financial strain and legal complications that could adversely affect your family’s well-being.
It’s crucial to understand that you have options and taking immediate action sooner rather than waiting, can help protect your rights and secure the preferred outcome for your child. At Cordell & Cordell, we recognize the challenges you face and offer the legal guidance necessary to help you navigate child support matters while addressing your rights and your child’s best interests.
Understanding Child Support in Florida
A court order for child support is legally binding. It is intended to benefit the financial well-being of the child. The court requires both parents to complete a family law financial affidavit and provide proof of all income sources. It is used to calculate each parent’s gross wages and deductions.
Once the deductions, including taxes, spousal support, other child support, insurance for the children, and certain mandatory payroll deductions, are subtracted—the guidelines use the net income of both parents to calculate child support. Thus, if your combined net income is $6,000 per month, the guidelines state that one child requires $1,121 per month. The incomes are divided in order to determine how much each parent pays.
Child support is also based on the number of overnights the child spends with each parent. Florida uses two methods to determine child support: a short version, if the child spends most of the time with one parent, and the Gross-Up Method, determining child support if a child spends more than 73 nights per year with each parent.
While it’s one parent’s responsibility to pay the other, both parents must contribute to their children’s finances. A question most commonly asked is, “Can the mother cancel child support in Florida?” No. Not without a court order.
Circumstances Where Child Support Modification or Termination May Be Possible
While neither parent can arbitrarily cancel a child support order, you can bring your child support case back to court to ask to modify the order. Whether you want to change the amount of child support or stop it completely, and whether you agree or not—you must have a new order for the child support amount.
Agreement Between the Parties
If you both agree to a child support modification, an agreement can be drafted, but you must submit the agreement to the court and request the court to incorporate the agreement into a new order. The court usually agrees and enters an order if it is in the child’s best interests.
Change in Circumstances
If you experience a significant change in circumstances, you can ask the court to modify child support guidelines for your case. Some of the situations that are generally acceptable to the court include:
- A significant increase or decrease in one or both parents’ incomes.
- Involuntary loss of employment by either parent.
- Remarriage or cohabitation of the custodial parent.
- The child turns 18 or graduates high school, whichever comes first. The child must reasonably expect to graduate before their 19th birthday.
- The child becomes emancipated.
- The disability of the child or one of the parents.
- One of the parents is incarcerated.
- The relocation of one of the parents.
- The amount of time-sharing significantly changes.
Emancipation of the Child
Generally, children reach emancipation at age 18 or when they graduate high school, with a reasonable expectation of graduation before their 19th birthday. However, a minor child may become emancipated in other ways, including:
- Joining the military before their 18th birthday
- Marrying before their 18th birthday
- “Divorcing” the parents and requesting emancipation earlier than the age of 18
If a child has disabilities, the court may require the parents to pay child support beyond the child’s 18th or 19th birthday.
How to Pursue a Child Support Modification or Termination
Any child support modification where the parents disagree will require an updated Florida Family Law Financial Affidavit. When requesting a modification, a financial affidavit must be completed and attached to the Motion for Modification of Child Support. You may also be required to provide proof of the discrepancy in your income or other change of circumstances.
Depending on the circumstances, if you and your spouse agree to the modification or abatement, the documentation may not be necessary.
You must attend a hearing once the motion is filed in a contested request. If the request is not contested, the court may require a hearing or could sign off on a proposed order that your attorney submits with the motion.
The new child support amount – or lack thereof – does not become effective until the court signs the order.
Does Nonpayment of Child Support Affect Parental Rights?
Nonpayment of child support comes with several penalties, but rescinding time-sharing is not one of them. Florida courts believe both parents should be involved in a child’s life whenever possible. A custodial parent cannot withhold time-sharing because the other parent does not pay.
However, some of the penalties for a nonpaying parent could include:
- Wage garnishment
- Held in contempt of court
- Jail time
- Fines
- Denial of passports
- Suspension of driver’s license
- Suspension of a business or occupational license
- Charged with a misdemeanor or a felony, especially if intentionally failing to pay or fleeing the state or country to avoid paying
- Accumulation of child support arrears
What Can a Child Support Attorney Do for Me?
An experienced family law attorney can guide you in several situations, including:
- Protecting your legal rights
- Filing motions on your behalf
- Representing you in court proceedings regarding child support matters
- Guiding you through the appellate process if your ex-spouse appeals a child support order
Why Work with Cordell & Cordell?
Child support can be a complex matter, especially if your spouse hides income or otherwise tries to increase the amount you pay. The experienced family law attorneys at Cordell & Cordell can help protect your rights in child support cases.
Client Experience
“My attorney was very helpful. I had no issues, he was always there for me.” — Louis H.
“I was shocked at the level of communication from my attorney. He gave me so many updates, even when there was a lull in the case, he would let me know nothing new had happened. It was fantastic because I knew if the ball was rolling and when it wasn’t. He told me what was good and what was bad and asked me what I wanted to do.” — Stephen B.
Related Resources
- Employer Accused Of Pocketing Child Support Payments: An employer withheld child support payments based on an employee’s court order, but instead of submitting them to the support disbursement unit, the employer kept the payments.
- What Does Child Support Cover? Child support covers food, clothing, and shelter for the minor children.
- What Is Back Child Support & Legal Payment Requirements: The state disbursement unit will track how much you owe if you fail to pay your child support. You will have to pay the arrears. Keep a record and proof of all child support payments, especially if you are late paying, and catch up.
- Legislation Addressing Child Custody and Child Support Challenges of Noncustodial Parents: Some states are implementing laws that make it easier for noncustodial parents to have more time-sharing with their children.
- How Child Support Is Calculated: Florida combines the incomes of both parties and divides them by the total of both incomes to determine each parent’s percentage. Based on those exact percentages, it also adds in child care and medical expenses, including the children’s health insurance coverage.
Questions About Terminating Child Support in Florida? Reach Out to Us.
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Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
Frequently Asked Questions
In most cases, child support is not retroactively modified. However, the court may modify retroactive child support amounts in certain circumstances. The court uses the paying parent’s (obligor’s) income at the time of the retroactive child support to determine the amount.
No. Spousal support is different, though the state disbursement unit may also collect spousal support if a child support order is in place.
Because child support is a legal obligation and, in most cases, paid through the state disbursement unit— the parents cannot arbitrarily agree to stop spending. Even if both parties agree that the support should be changed or stopped, they must sign an agreement and have the court enter an order based on the agreement.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
