CHILD SUPPORT

1. How is child support calculated in Florida?

Florida has adopted Uniform Child Support Guidelines, which the judge must follow. The judge is given a little leeway, under certain circumstances. The guidelines are calculated based on the net monthly income of both parties and the number of minor children of both parties. Child support can be awarded in a divorce situation, without asking for a divorce, or when no marriage exists, assuming paternity can be established. (See the paternity section for more details about Paternity.)

2. When does Child Support end?

Unless you agree to the contrary as part of a settlement, child support for any particular child will end when the child turns 18. However, if the child has not yet graduated high school and expects to graduate before age 19, then child support continues until graduation. If the child does not expect to graduate before age 19, then child support ends at age 18. There is an exception for a disabled child. A court can order child support for an indefinite period of time for a disabled child. Do not assume that child support will end or change based on a child turning 18. The paying parent needs to go back to court to make it happen. (See section on Modifications)

3. Can I get child support directly from the other party's paycheck?

Yes, if the court gives you what is called an Income Deduction Order (IDO). It used to be called garnishment of wages. An IDO is a court order, which requires the employer to withhold the money before the employee gets the paycheck. That money is turned over to a government agency, which sends the money to the party receiving the child support.

4. Can child support be modified after the Court has set it?

Yes. Either party can petition the Court to modify child support if there is a change in circumstances. This usually occurs when either party gets a reasonable size pay increase or decrease, loses a job, gets a job, or when a child turns 18. New financial affidavits will be required to be filed so the court can determine the appropriate amount of child support. A court will not generally consider a change in child support unless there is at least a 15% change.

5. What if the parties agree to change custody, will that affect child support?

A change in custody will usually result in a change in child support.

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