Florida child support cases require more than inserting income figures into a calculator. The amount may depend on each parent’s income, allowable deductions, the parenting schedule, health-insurance costs, childcare expenses, and other circumstances affecting the child or the parents.

The Tancredo Law Firm, P.A. represents parents in matters involving the establishment, modification, and enforcement of child support. Our approach is focused on obtaining accurate financial information, applying the statutory guidelines carefully, and helping clients understand the practical effect of a proposed support order.

Section 61.30, Florida Statutes, establishes guidelines for calculating child support. The calculation generally begins by determining each parent’s gross monthly income and subtracting deductions permitted by law. The parents’ net incomes are then combined to determine the guideline support need.

Income may include wages, salary, bonuses, commissions, overtime, self-employment income, rental income, retirement payments, Social Security benefits, and other sources identified by statute. When a parent is voluntarily unemployed or underemployed, the court may impute income if the required evidence and legal standards are satisfied.

The calculation may also account for:

• The number of children included in the case
• Each parent’s net monthly income
• The time-sharing schedule
• Work-related childcare expenses
• Health-insurance premiums for the children
• Uncovered medical, dental, and prescription expenses
• Court-ordered support actually paid for other children
• Other adjustments permitted by Florida law

Accurate financial disclosure is essential. Incorrect income figures, unsupported deductions, or an inaccurate time-sharing calculation can materially affect the resulting obligation.

The number of overnights exercised by each parent can significantly affect child support. Florida’s guidelines contain a separate calculation when a child spends a substantial amount of time with each parent.

The written parenting plan is important, but the court may also consider the time-sharing arrangement actually exercised when that issue is properly presented. A careful calculation should therefore account for both the governing order and the relevant facts.

The guideline calculation creates a presumptive child support amount, but the court may deviate when the facts and statutory requirements justify a different result.

Relevant considerations may include extraordinary medical, psychological, dental, or educational expenses; special needs; seasonal income; a child’s independent income; the parties’ financial circumstances; and other factors recognized by Florida law.

A deviation of more than five percent generally requires written findings explaining why the guideline amount would be unjust or inappropriate. A request for deviation should therefore be supported by specific evidence rather than a general assertion that the calculated amount is unfair.

An existing child support order may be modified when there has been a substantial, material, involuntary, and permanent change in circumstances or when another statutory basis for modification applies.

Potential grounds may include:

• A significant change in either parent’s income
• A meaningful change in the parenting schedule
• A change in childcare or health-insurance expenses
• Increased expenses associated with a child’s medical or special needs
• Other circumstances materially affecting the guideline calculation

Under section 61.30, the difference between the existing monthly obligation and the recalculated guideline amount generally must be at least 15 percent or $50, whichever is greater, when the guidelines are relied upon to establish a substantial change in circumstances.

Because modification is generally not automatic, parents should seek legal advice promptly after a significant change rather than allowing arrears or disputed obligations to accumulate.

When court-ordered child support is not paid, enforcement remedies may include income withholding, contempt proceedings, judgments for arrears, liens, interception of certain payments, and other relief authorized by law.

The appropriate remedy depends on the payment history, the language of the existing order, the obligor’s present ability to pay, and the evidence available to establish noncompliance. Conversely, a parent accused of nonpayment may have defenses or factual issues that require careful presentation to the court.

Child support affects both a child’s financial needs and each parent’s monthly obligations. Whether support is being established for the first time, recalculated after a change in circumstances, or enforced under an existing order, accurate information and careful application of Florida law are essential.

The Tancredo Law Firm, P.A. assists Florida parents in evaluating child support calculations, identifying disputed financial issues, and preparing a practical strategy based on the governing order and the circumstances of the case.

Contact our office to schedule a consultation regarding the establishment, modification, or enforcement of child support.