Child support provides for a child’s needs when their parents don’t live in the same household due to divorce or co-parenting. Child support is a payment one parent makes to another to help cover the everyday costs of taking care of children, such as providing medical insurance, food, clothing, childcare, school tuition, and school activities. Child support is a child’s right and cannot be waived or reduced below the statutory amount in divorce or co-parenting proceedings. Child support is one of the most contested and challenging aspects of the divorce process, which is why it’s crucial to work with a child support lawyer in Orlando when you face challenges regarding child support. The elements that determine how child support is calculated also change. New legislation is passed every few years that updates how child support is awarded. Below, you’ll find out how child support is determined and calculated in 2025:
Parental Income
You and your ex’s net income, the number of overnights awarded to each parent, and the number of children needing care are the primary factors determining how much your child support payments will be. Florida’s Child Support Guidelines specify minimum monthly child support payments based on your and your ex’s average monthly income and the number of children you have together. For accuracy, you must provide financial documents proving your monthly income during divorce proceedings, which is used to determine your monthly net income for child support. Funds that are considered income when determining child support include:
- Salaries and wages
- Bonuses
- Self-employment income
- Rental income
- Disability payments
- Unemployment
- Social Security payments
- Interest
Florida law also specifies that if a parent is voluntarily unemployed or underemployed, the minimum child support payment may be imputed based on the parent’s previous employment or education. This prevents a previously high-earning parent from intentionally taking a low-paying job to owe less child support.
Number of Children Who Need Care
The other primary factor that determines child support is the number of children you and your ex have together. The more minor children you have, the higher their expenses will be, and more child support will be awarded.
Number of overnights
There are 365 overnights in a year. The number of overnights each parent has with the children is a significant part of child support calculations. The parent who spends a majority of overnights with their children is typically awarded child support.
Parent Responsibilities
While your income and the number of children you have are the primary factors that determine child support, the minimum payments required by Florida law account for the total amount of child support that will be paid to the child. Each parent’s responsibility for paying child support is determined by other factors, such as arrangements you and your ex have made about who will cover necessary costs related to the child’s upbringing. For example, you may be ordered to pay less in child support payments to your ex if you are also responsible for paying for their health insurance.
Exemptions and Other Circumstances
The child payment amounts listed in the Florida Child Support Guidelines only provide the state’s minimum payment requirements. A judge may award a higher payment (up to 5% more than the state minimum) based on that child’s individual needs. Child support payments may be altered if the child has special needs or is undergoing medical therapies that increase the amount needed for their care. In addition, your child’s support needs may change as they grow. Florida courts look at factors such as the child’s age, standard of living, and activities to determine the appropriate amount of child support needed. The goal is to allow the children to transition to their new living arrangements with as little change as possible.
Calculating Child Support in Florida
Florida uses the Income Shares Model to calculate child support. As stated above, this table of minimum child support payments is based on parental income and the number of children that need care. The guidelines can be found in Florida Statute 61.30(6). However, this number reflects the total payment awarded to the child. You and your ex will work to determine how the payment will be split. How much each parent is responsible for depends on your individual parental responsibilities, such as child care, healthcare, and other expenses.
Often, the higher-earning spouse pays the lower-earning spouse.
When is Child Support Necessary?
Child support is necessary for all co-parenting situations in Florida, whether a couple has gotten divorced or you have a child with someone and live in separate households. Child support is a child’s right and cannot be waived in divorce proceedings. Child support payments are made each month until the child turns 18 or graduates high school, whichever occurs later. It’s important to note that Florida courts make the rebuttable presumption that split custody arrangements (where children spend equal time with each parent) are in a child’s best interest. Due to this, custody arrangements are not a factor in determining child support payments.
Peppler Law, P.A.—Child Support Lawyer in Orlando
Child support can become a hotly contested topic. Since child support is a necessary aspect of most divorce cases involving minor children, it’s essential to understand how child support is determined and who will pay. Having a clear plan and agreement with your ex about how child support will work during your divorce will provide a solid foundation and may reduce disagreements in the future. Having an experienced child support lawyer in Orlando, like Peppler Law, P.A., is vital to help ensure the child support process is smooth. After the divorce, our attorneys can help modify child support and enforce payments if necessary. Contact the Peppler Law Firm by calling the office or scheduling an online consultation to get started.
