Florida child support laws ensure that children continue receiving financial support from both parents, even when those parents no longer live together. A Florida child support order is a legal requirement, often court ordered, directing one parent to pay the other to help cover the cost of raising their child. This guide explains how child support is calculated, how to get an order in place, and what happens if payments are not made.
What Is a Florida Child Support Order?
A child support order in Florida is a binding legal document that outlines one parent’s obligation to contribute financially to their child’s care. This obligation is based on a shared income model, where the court determines how much both parents would have spent on the child if they were still together and divides that responsibility based on each parent’s income and time-sharing arrangement. Payments typically go toward food, housing, clothing, medical care, and other basic needs.
Types of Child Support Orders in Florida
There are three main types of child support orders in Florida. The most common is the court-issued child support order, which is created during divorce or paternity proceedings. In these cases, the judge uses state guidelines to determine the appropriate amount of support but may adjust it if there are unusual financial circumstances.
The second type is an administrative child support order, issued by the Florida Department of Revenue. This process avoids going to court and is usually faster. It is often used when the parents are not married or when the family receives public assistance. Though it doesn’t involve a judge, it carries the same legal weight.
The third is a Title IV-D child support order, which comes into play when a family is receiving government benefits such as Medicaid or TANF. These orders are enforced by the Department of Revenue and follow federal regulations to ensure consistency and support across states.
How Child Support Is Calculated
Florida statutes provide clear guidance on how to calculate child support. Both parents must complete a financial affidavit detailing their income, expenses, and other financial obligations. This information is then used in a state-mandated worksheet that takes into account each parent’s net income, the number of children, healthcare costs, childcare expenses, and the number of overnight stays the child has with each parent.
The calculation follows the Income Shares Model, which assumes that both parents should contribute to the child’s needs in proportion to their income. For example, if one parent earns 60% of the combined income, they will generally be responsible for 60% of the total child support obligation. If the child spends 20% or more of nights with one parent, that can also reduce how much that parent pays.
Sample Calculation Table
Parent | Monthly Gross Income | Net Income | % of Total | Obligation Share |
Parent A | $3,000 | $2,400 | 60% | $600 (of $1,000 total) |
Parent B | $2,000 | $1,600 | 40% | $400 |
If Parent A has 20% or more overnight time, the amount may be reduced.
Establishing a Florida Child Support Order
To establish a support order, the court or the Department of Revenue must first confirm that Florida has jurisdiction. This is typically based on where the child or the parents live. Once jurisdiction is confirmed, both parents must submit their financial documents and complete the child support guidelines worksheet.
The other parent must be notified of the case through formal service, ensuring they have an opportunity to respond. If the case goes through the court, a hearing is held where both parties can present their financial situation. If the case is handled administratively, the decision may be made without a hearing unless one party objects.
What Happens When a Parent Doesn’t Pay
Florida takes unpaid child support seriously. The Florida Department of Revenue has several enforcement tools available to ensure compliance. The most common method is income withholding, where payments are taken directly from the paying parent’s paycheck and sent to the State Disbursement Unit. This eliminates the need for direct payments between parents and ensures consistent support.
If the parent is self-employed, unemployed, or simply stops paying, the state can seize bank accounts, place liens on property, intercept tax refunds, and even report missed payments to credit bureaus. Once unpaid support exceeds $2,500, the parent may be denied a passport. Other consequences include suspending driver’s licenses, professional licenses, and vehicle registrations.
Modification of Child Support Orders
Over time, financial situations change. Florida law allows either parent to request a modification of the support order if there’s a significant change in circumstances. This could include job loss, a substantial raise, changes in the child’s time-sharing arrangement, or increased medical or educational expenses.
To request a modification, the parent must file a Supplemental Petition along with updated financial documents and a new guidelines worksheet. The change must result in at least a 15% or $50 difference in the monthly support amount to be considered valid.
Payment Processing and Recordkeeping
All child support payments in Florida go through the State Disbursement Unit, located in Tallahassee. This centralized system ensures accurate tracking and protects both parents by providing a full record of payments. Payments can be made through automatic payroll deduction, online portals, or mailed checks. Receiving parents can set up direct deposit by submitting a form and banking information through their local Clerk of Court.
Interstate and Title IV-D Enforcement
Florida recognizes child support orders from other states and has the authority to enforce them. Under the Uniform Interstate Family Support Act, a parent can register an out-of-state order with the Florida court system. Once registered, Florida treats the order as if it were issued locally, applying the same enforcement tools and procedures.
Title IV-D enforcement extends these protections further, making sure that federal standards are applied to all child support cases involving government assistance. The Department of Revenue handles these cases with priority and may use nationwide databases to locate parents, enforce payments, and pursue legal actions.
Florida child support laws are designed to protect children by ensuring they receive consistent financial support from both parents. Whether the obligation is set by the court or the Department of Revenue, it carries the same legal power and consequences. Understanding your rights, responsibilities, and options under Florida statutes can help you stay compliant and avoid legal trouble.
If you're unsure how much child support you might owe or receive, or if your circumstances have changed, you can contact the Florida Department of Revenue or consult with a family law attorney. For self-help options, the Florida Courts website provides all necessary forms and instructions.