How Does Florida Calculate Child Support?
Florida uses the Income Shares Model (Florida Statute § 61.30) to determine child support. This model is designed to estimate the amount of money the parents would have spent on the child if they lived together in one household, and then divides that obligation between the parents based on their respective incomes.
The 3 Core Steps
Combine Net Incomes: First, both parents' gross incomes are calculated, and allowable deductions (taxes, mandatory union dues) are subtracted to get the Net Monthly Income. The two net incomes are added together:
Statutory Guidelines Schedule: The combined income is used to look up the "basic monthly obligation" in the official Florida Child Support Guidelines Schedule.
Proportional Share: That basic obligation is then split between the parents based on their percentage of the combined net income. The formula for your specific share is:
What is the 73-Night "Gross-Up" Rule?
In Florida, if the child spends a "substantial amount of time" with the non-majority parent, the formula changes significantly to lower their child support payment. "Substantial time-sharing" is legally defined as 73 or more overnights per year (which is exactly 20% of the year).
When this threshold is reached, the State uses the "Gross-Up Method". The basic obligation is multiplied by 1.5 to account for the duplicated costs of maintaining two households:
Then, this new obligation is allocated based on the exact percentage of overnights each parent has, drastically reducing the payment required from the parent providing substantial care.
Additional Costs
After the basic obligation is calculated, additional child-rearing costs are prorated (using the same income percentage) and added to the total. The most common additional costs include:
| Cost Category | Description |
|---|---|
| Health Insurance Premiums | Only the portion of the premium specifically covering the child. |
| Childcare Costs | Daycare or after-school care required for a parent to work or attend school. |
| Uninsured Medical Expenses | Out-of-pocket costs like co-pays, dental, or vision expenses. |
Frequently Asked Questions (FAQ)
1. Can parents agree to pay zero child support?
Generally, no. Child support is considered the right of the child, not the parent. Florida courts will not usually approve a waiver of child support unless there is a very compelling reason and the child's needs are completely met.
2. What if the other parent refuses to work?
If a parent is voluntarily unemployed or underemployed to avoid paying support, the court can "impute" income to them. This means the judge will calculate support based on what the parent should be earning, usually based on their recent work history or at least the minimum wage.