Key Takeaways
- Child support in Florida is required by law to ensure children receive financial support from both parents after separation, divorce, or if the parents have always lived separately.
- The amount of support required is determined using Florida’s guidelines, considering factors like both parents’ incomes and necessary expenses.
- Child support covers essential needs such as housing, food, clothing, education and healthcare.
- Non-payment may lead to enforcement actions like wage garnishment, property liens and tax refund interceptions—or, more seriously, fines or jail time.
An overview of Florida child support laws
Child support in Florida is a legal obligation for parents to financially support their children after separation, divorce, or if the parents have always lived separately. It’s designed to ensure children have what they need to grow up with adequate necessities such as food, clothing, education and healthcare, even if their parents live apart and have different incomes.
This article will give you a clear understanding of how Florida child support works. We will explore requesting child support, who pays, how payments work, how to estimate child support payments, what child support covers, what happens in the event of non-payment and more.
Who pays child support in Florida?
In Florida, the noncustodial parent typically pays child support to the custodial parent. Or if the parents share joint physical custody, the parent with a higher income typically pays support to the other parent.
Responsibility for child support goes beyond biological parents. Here’s who may be ordered to pay child support:
- Biological parents. This is the most common scenario, with both biological mom and dad sharing the financial responsibility for their child.
- Adoptive parents. Just like biological parents, both adoptive parents are typically responsible for child support if they legally adopted a child together.
- In some cases, stepparents. If a stepparent legally adopts a stepchild, they may become financially responsible. There are also situations where a stepparent may be ordered to pay child support if they financially contributed to the child’s upbringing for a significant period.
Remember, child support is about ensuring a child’s well-being, not about punishing a parent. Both parents are responsible for contributing financially to the child’s expenses. Even if one parent has primary custody and the other pays child support, the income of the primary custodian is taken into account in calculating child support. This shared responsibility helps cover the child’s basic needs and promotes their well-being.
How much is child support in Florida?
The amount of child support is determined by Florida’s child support guidelines. These guidelines consider factors like:
- Income of both parents
- Tax obligation of both parents
- Number of children
- Children from a previous relationship
- Childcare costs
- Health insurance costs
- The amount of time the child spends with each parent overnight
There’s no one-size-fits-all answer, and the exact amount will vary depending on your specific situation.
Pro Tip: There is a Florida child support calculator online that you may use to estimate child support payments.
Requesting child support in Florida
If you need child support in Florida, there are two main ways to get the process started: on your own or with assistance.
Getting a child support order: Filing a petition and attending a hearing
To initiate a child support case, you will need to file a petition with the family court in your county. This petition will include information about both parents and the child, such as income, expenses and custody arrangements. You’ll also need to provide supporting documents, such as financial statements and proof of paternity, if applicable.
After filing the petition, you may need to attend a court hearing. The court will review the information provided and may ask for additional documentation. Both parents will have the opportunity to present their case. If the court finds that child support is warranted, it will issue a child support order based on Florida’s child support guidelines.
Working with the Florida Department of Revenue
The Department of Revenue offers free services to help you establish or modify child support. You may apply for child support services online, by phone or in person at a local child support office. The Department of Revenue will collect information from both parties, including income and expenses. They will then calculate the child support amount based on Florida’s child support guidelines. From there, the parents may agree on the amount, provide more information or request a hearing. Additionally, the Child Support Program division of the Department of Revenue partners with attorneys who will help file the support petition. It is also important to note that sometimes the Department of Revenue will seek child support for a child without a request from a parent when they learn only one parent provides for a child. This is most commonly seen when the custodial parent applies for state benefits and they find that there is a lack of support from the other parent.
Pro Tip: Note that working with the Department of Revenue does have limitations, as they may only assist with child support If you are seeking an initial child support order as part of a divorce action, they will not be able to help.
Working with a private attorney
An attorney may provide legal guidance throughout the child support process. This may be helpful if you anticipate complications, such as the other parent living out of state or having complex financial situations. Your attorney may represent you in court if you and the other parent can’t reach an agreement on child support.
How does child support work in Florida?
The Florida Department of Revenue provides services for collecting and distributing child support payments. Generally, child support payments are processed through the Florida State Disbursement Unit (FLSDU). Payments may be made on the Department of Revenue website and will be processed through FLSDU, or you may login at SmartChildSupport.com. In addition to providing payment-related services, the Department of Revenue website has pages to help you get a copy of your payment history, check the status of a payment, find your depository number and more.
In addition to the Florida Department of Revenue, child support can also be issued during a Divorce or Paternity Case proceeding in your local county’s family circuity court case. If there are minor children, the presiding judge will make sure an order of child support is entered and if the parties agree to pay on their own accord, then the order will not go through the main Department of Revenue registry, but a lack of payment can still be enforceable with sanctions.
As to frequency of payment, by default, child support is paid monthly. However, the court may order payments on a different schedule, such as weekly or bi-weekly, if necessary. Payments may be made electronically, by mail or in person at specific locations. If an order of withholding income is entered, then sometimes the payments come directly from the paycheck through their employer. The specific due date for payments will be outlined in the child support order. It’s generally around the first of the month.
When does child support end in Florida?
Child support payments typically end when the child reaches the age of 18 or graduates high school in their expected graduation year, whichever comes later. There are some exceptions, though, such as if the child has a disability.
Disability considerations
Florida child support laws allow the court to extend child support payments beyond the age of 18 if the child’s disability began before they turned 18 and they’re still dependent on their parents for financial support due to the disability.
To get child support extended, you’ll need to show the court evidence of the child’s disability and how it makes them dependent on you financially. This may include medical records, educational evaluations and testimony from doctors and therapists.
What does child support cover in Florida?
Child support is meant to cover the basic needs of a child, including:
- Housing
- Food
- Clothing
- Education
- Healthcare
- Extracurricular activities
Having these expenses covered ensures that the child has a stable life, regardless of the parents’ living arrangements. By providing financial support in these areas, child support helps maintain a child’s standard of living and supports their development.
The custodial parent is responsible for managing the child support funds and using them for the child’s needs. Generally, courts aren’t going to micromanage how custodial parents use those funds. However, if a child is deprived of necessities like proper food, shelter, and clothing because the parent receiving child support spent it on other things, the parent may be criminally prosecuted.
What happens if child support is not paid in Florida?
The Department of Revenue and Family Circuit Courts have several ways to enforce child support orders. If you’re not receiving child support payments that you’re entitled to, contact the Department of Revenue for help.
- Wage garnishment. The court may order an employer to withhold a portion of a non-paying parent’s paycheck and send it directly to the Department of Revenue.
- Liens on property. The state may place a lien on real estate or other assets, which prevents the parent from selling or refinancing them until the child support debt is paid. This may make it difficult to move if needed or access equity in the property.
- Interception of tax refunds. The state may intercept federal and state tax refunds to apply them toward a child support debt.
- Bank accounts. When a parent has overdue child support, the Child Support Program may recover the owed amount by accessing the parent’s financial institution accounts, including bank and brokerage accounts.
- Jail time. A parent who is in contempt of court for willfully not paying child support may face jail time until they make the payment. To impose this penalty, the court must specifically find that the parent currently has the means to pay the amount owed.
- Suspension of licenses. If the parent owing child support does not contact the Child Support Program to explain why they cannot pay. If they do not start making payments, the Program may initiate actions to suspend the parent’s driver, business, professional or recreational licenses.
How a lawyer may help
This article provides a general overview of Florida child support laws, but every situation is unique. For help with your individual circumstances, you may consider consulting with an attorney for specific legal advice. A lawyer may help you with various aspects of child support, including:
- Negotiating a fair child support re-payment agreement
- Representing you in court if you and the other parent can’t agree
- Modifying an existing child support order
- Enforcing a child support order if payments aren’t being made
- Understanding complex child support issues, such as a child with a disability or education expenses, and helping you navigate those
