Child Support Guidelines in South Florida: Calculation and Modification

For families navigating divorce or separation in South Florida, securing appropriate child support is often a top priority and a source of considerable anxiety. Child support is a legal obligation designed to ensure children continue to benefit from the financial resources of both parents, maintaining a standard of living similar to what they would have enjoyed had the family remained intact.

However, the process of calculating and modifying child support in Florida can seem like a dense mathematical maze. It is governed primarily by Florida Statute $\S 61.30$, which mandates the use of a strict formula known as the Child Support Guidelines Worksheet. Understanding how this formula works, and when and how you can legally change a support order, is critical for parents in Boynton Beach and the surrounding areas.

At Dixon Law Firm, we simplify this complex process for our clients. Alicia Dixon, Founding Attorney at the Dixon Law Firm, is One of Boynton Beach Florida's Top Family and Divorce Attorneys. She is dedicated to providing results for you. We empower you by clearly explaining your rights and responsibilities under Florida law.

Calculation: The Florida Child Support Guidelines Formula

Florida's approach to child support is based on the Income Shares Model. This model estimates the amount of money the parents would have spent on their children if they had stayed together, and then divides that amount proportionally between the parents based on their respective incomes.

Step-by-Step Calculation Components

The determination of a child support obligation is generally a multi-step process:

1. Determining Each Parent's Net Income

The calculation begins by establishing the monthly net income for both parents.

• Gross Income: This includes nearly all forms of income, such as salary, wages, bonuses, commissions, disability benefits, workers' compensation, unemployment compensation, pension payments, Social Security benefits, spousal support received, and rental income. Even income that is not reported on a W-2, like business income or reimbursed expenses that reduce living costs, is generally included.
• Imputed Income: If a parent is found to be voluntarily unemployed or underemployed (meaning they are purposely earning less to reduce their child support obligation), the court may impute income to them. This means the court calculates support based on what the parent should be earning, based on their work history and qualifications.
• Allowable Deductions: Once gross income is determined, allowable deductions are subtracted to arrive at the net income. These deductions typically include federal, state, and local income taxes (adjusted for actual filing status), mandatory union dues, mandatory retirement payments, health insurance premiums for the parent only, and court-ordered spousal support or child support paid for other children.

2. Calculating the "Minimum Child Support Need"

The net incomes of both parents are combined to determine the Combined Monthly Available Income. The court then refers to the Child Support Guidelines table in Florida Statute $\S 61.30$ to find the "minimum child support need" for the specific number of children at that combined income level. This figure represents the total minimum amount the state estimates is necessary to raise the children.

3. Allocating Financial Responsibility

Each parent’s share of the total child support obligation is determined by their percentage contribution to the combined net income. For example, if Parent A's net income is 60% of the total combined net income, Parent A is responsible for 60% of the minimum child support need.

4. Adjusting for Expenses and Time-Sharing

Two primary factors adjust the final payment amount:

• Additional Expenses: The court adds costs for health, dental, and vision insurance premiums for the children, as well as necessary child care costs (like daycare or after-school care) related to a parent's employment or education. These costs are added to the basic guideline amount and then divided between the parents based on their income percentages.
• Time-Sharing (Overnights): If a parent has the child for a substantial amount of time, defined as 73 or more overnights per year (at least 20% of the year), a specific statutory formula is applied. This formula recognizes that the parent with substantial time-sharing is already covering daily expenses for the child during their time and reduces the amount they pay, or increases the amount they receive, accordingly.

Modification: When and How to Change an Existing Order

Child support is not set in stone. As children grow and parents' financial situations change, the original order may become unjust or inappropriate. Florida law allows for the modification of an existing child support order.

The Legal Standard for Modification

To successfully modify a child support order in a South Florida court, the petitioning parent must prove that there has been a substantial, permanent, and involuntary change in circumstances since the last child support order was entered.

1. The Substantial Change Threshold

Florida law provides a quantifiable standard for what constitutes a "substantial" change based on the difference between the existing support amount and the amount calculated under the current guidelines:

• The difference must be at least 15 percent or $50, whichever amount is greater. If the recalculation results in a difference that meets this threshold, the court may find that a substantial change has occurred.

2. Common Qualifying Changes

Many life events can qualify as a substantial change in circumstances, including:

• Significant Income Change: A substantial increase or, more commonly, a substantial decrease in either parent's income (e.g., job loss, involuntary reduction in pay, or a promotion). Note that courts will usually not allow a modification if a parent voluntarily quit their job or took a lower-paying position to avoid payment (voluntary underemployment).
• Time-Sharing Schedule Change: If the actual number of overnights a child spends with one parent changes significantly from the schedule outlined in the original Parenting Plan, a modification may be warranted.
• Child Care/Health Care Costs: A major change in the cost of health insurance premiums for the child or an increase/decrease in necessary daycare expenses.
• A Child's Needs: The child develops a serious medical condition or special educational needs that result in significantly increased expenses.

3. The Filing Process

A modification is not automatic. The parent seeking the change must file a Supplemental Petition to Modify Child Support with the court that issued the original order. It is crucial to act promptly. A court generally cannot retroactively modify support payments prior to the date the Supplemental Petition was filed, meaning any arrears (back payments) will continue to accrue at the old rate until the petition is filed.

Seeking Professional Guidance

Child support calculations and modifications are complex legal processes that rely heavily on accurate financial documentation and strict adherence to Florida statutory guidelines. Errors in calculating income, misrepresenting time-sharing, or failing to meet the legal threshold for modification can lead to unfavorable outcomes and prolonged legal battles.

Attorney Alicia Dixon and the Dixon Law Firm have extensive experience guiding South Florida families through these precise calculations and contested modification hearings. We ensure that your financial affidavits are accurate, your legal arguments are sound, and the resulting child support order truly serves the best interests of your children.

Alicia Dixon, Founding Attorney at the Dixon Law Firm, is One of Boynton Beach Florida's Top Family and Divorce Attorneys. She is dedicated to providing results for you. Don't navigate this financial complexity alone.

Book Your Consultation Today with Dixon Law Firm to ensure your child support order is calculated and modified accurately.