Child Support
Florida child support representation for parents receiving or paying support
Child support in Florida is meant to ensure a child’s needs are met after their parents separate, but the calculation itself often raises questions, especially when income is not a simple salary.
At the Law Offices of E.F. Robinson, P.A., we help parents throughout Broward, Miami-Dade, and Palm Beach counties establish, contest, modify, and enforce child support orders, with particular experience in cases involving self-employment, bonuses, or business ownership.
How Florida Calculates Child Support
Florida uses an “income shares” model, which is based on the idea that a child should receive the same proportion of parental income they would have received if the family were still together. The formula starts with both parents’ combined net income, then factors in the number of overnights each parent has with the child and specific costs such as health insurance, childcare, and any special needs.
- Each parent’s net monthly income
- The number of overnights the child spends with each parent
- Health insurance and uncovered medical costs for the child
- Childcare costs related to work or job training
- Any special or extraordinary needs of the child
Income Complexities for Business Owners and Self-Employed Parents
The child support formula assumes income is easy to document, which is not always true for a business owner, commissioned employee, or someone with variable bonus structures. Determining “net income” in these situations often requires a closer look at business records and tax filings rather than a single pay stub.
Courts can impute income to a parent who is voluntarily unemployed or underemployed, based on that parent’s recent work history, qualifications, and the local job market. This standard can raise the support amount owed by the paying parent, or reduce what the receiving parent can claim, depending on which parent is found to be underemployed.
Establishing and Modifying Support
Child support can be established as part of a divorce, paternity action, or a standalone petition. Once an order is in place, it is not necessarily fixed. A parent can request a modification when there has been a substantial and ongoing change in circumstances, such as a significant income change, a change in the parenting schedule, or a change in the child’s needs.
Enforcing an Existing Order
When a parent falls behind on court-ordered support, Florida provides several enforcement tools, including income withholding, liens, and contempt proceedings. We help parents pursue the support they are owed and help paying parents resolve enforcement actions when circumstances have genuinely changed.
Frequently Asked Questions
Until what age does child support last in Florida?
Child support generally continues until a child turns 18, or 19 if the child is still in high school and expected to graduate. Support may continue longer if the child has a disability that began before adulthood.
How is child support calculated if I am self-employed?
Self-employment income is calculated based on net income after ordinary and necessary business expenses, which often requires a review of tax returns and business records rather than a simple pay stub calculation.
Can child support be changed after the order is entered?
Yes, when there has been a substantial and ongoing change in circumstances since the last order, such as a significant income change or a change in the timesharing schedule.
What happens if the other parent stops paying child support?
Florida offers several enforcement options, including wage garnishment, liens on property, and contempt of court. The right approach depends on the specific facts of the case.
The information provided on this page is for general informational purposes only and should not be considered legal advice. Every case is unique, and the application of the law depends on the specific facts and circumstances involved. Viewing this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome in any future matter. If you need legal advice regarding your situation, contact the Law Offices of E.F. Robinson, P.A. to discuss your case and receive personalized legal guidance.
