Child Support

Both parties are required to support the children of the marriage. The amount a party is obligated to pay to the other party pursuant to a divorce depends on the income of the parties and the amount of time the children live with each parent. There are specific guidelines that the court will follow to make the child support determination.

Child support is a right belonging to the child. Parents cannot waive away their child’s right to support, nor agree to nonpayment. The court has the ultimate determination over the amount of child support. Florida courts have held that agreements waiving a duty of support is void as against public policy. Child support and the right to have a meaningful relationship with a parent belong to the children, not the parent; so a parent cannot bargain away those rights.

Child support in Florida is governed by statutory guidelines. In a divorce proceeding, a court may order either parent to pay support in accordance with the child support guidelines. Florida has strong public policy requiring parents to support their children.

The child support guidelines are based on the parent’s net income. The following estimation is a good rule of thumb as to the guideline amount of child support:

1 child = 22% of payor’s net income
2 children = 32% of payor’s net income
3 children = 41% percent of payor’s net income

Modification of Child Support

A child support order may be modified based on a showing of a substantial change in circumstances upon Petition to the Court for Modification. The child support guidelines provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. The difference between the existing monthly obligation and the amount provided for under the guidelines must be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.

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