Florida law establishes guidelines that the courts utilize to determine the amount of child support.  These guidelines take into account the incomes of each of the parents, as well as some of the costs related to the needs of the child(ren) (i.e. health insurance and child care).  Child support generally must be paid (1) until the child reaches 18, (2) if the person is dependent, between the ages of 18 and 19, and is still in high school with a reasonable expectation of graduation before turning 19, (3) past the age of 18 if the person is dependent due to a mental or physical incapacity which began before the person turned 18, or (4) later if the parents so agree. 

Another factor taken into consideration when calculating child support is the number or percentage of overnights each party has with the child(ren).  If the payor has just 20% of the over nights, the child support will be reduced.  The reduction increases as the percentage of overnight increase.  The contact should be documented in  Parenting Plan.  The party paying child support often wants an “accounting” of how the child support is used.  This is simply not required.

After an initial award of child support is entered by the court, either the child support payor or payee may request that the court modify the amount of the child support obligation.  To establish a modification in child support is warranted, the party requesting the modification must establish that (1) there has been a “substantial change in circumstances” since the original child support order was entered, (2) the change was not contemplated at the time of final judgment of dissolution and (3) that “the change is ‘sufficient, material, involuntary, and permanent in nature.’”  The element of “substantial change” may be supported by a material increase or decrease in either of the parents’ incomes, or a change to the child’s needs.  The change, however, cannot be caused by voluntary underemployment or unemployment.

 Especially during difficult economic times, it is important to ensure that your child support is in line with current calculations.