When Do the Courts Deviate from the Child Support Formula in Florida?

When two parents are no longer together, the non-custodial parent typically must pay the custodial parent child support. In Florida, the courts use certain child support guidelines when determining the amount of child support obligations. For anyone going through a divorce or child custody case, it is critical to know how the courts establish child support. It is also just as important to know when the courts may deviate from the formula used. Below, our Orlando child support lawyer outlines the guidelines, and when a deviation from them may be necessary.

How is Child Support Determined in Florida? 

In Florida, the courts rely on an income shares model to determine the amount of child support a parent must pay. The model is divided between the two parents, depending on their incomes. The court will approximate how much money the parents would collectively spend on their child if they were still together. There are many other factors that are considered when determining child support and they are as follows:

• Gross income: The first factor used when determining child support is the gross income of the parents. Gross income includes all salaries, wages, and other money received by either parent, such as disability benefits. If one parent is unemployed or underemployed, the court will estimate what they could earn if they worked full-time.
• Number of children: When a couple has more than one child together, the amount of child support is typically greater. Child support payments will also typically increase for each additional child.
• Parenting time: The amount of time each parent spends with the child is also considered. The courts will presume that the parent spending more time with the child will also incur more expenses during that parenting time.

When Will the Court Deviate from the Child Support Formula?

 In Florida, family law judges have the discretion to deviate from the child support guidelines. A judge may order up to five percent above or below the presumptive support amount. When a judge does deviate from the guidelines, they must provide an explanation for doing so. Some examples of when a judge may deviate from the formula are as follows:

• The child receives public benefits, or earns an income,
• The time-sharing schedule requires one parent to pay expensive travel costs,
• The family has extraordinary medical, psychological, dental, or educational expenses,
• The special needs of a child exceed the expenses an average child would incur,
• The recipient of support cannot provide basic necessities or a home for their family due to a low income,
• The child support dictated by the guidelines would require a parent to pay 55 percent of their income or more to child support, and
• The income of one or both parents is seasonal.

Our Child Support Lawyer in Orlando Can Advise On Your Case

 If you are in the midst of a child support dispute, our Orlando child support lawyer can help. At Anderson & Ferrin, P.A., our experienced attorney can review the facts of your case and provide the legal representation you need to obtain the best outcome possible. Call us now at 407-412-7041 or contact us online to schedule a consultation and to get more information.

Source:

flsenate.gov/laws/statutes/2012/61.30