Practice area
Child Support Attorney in Florida
Florida child support is set by statute, not negotiated freely. Understanding how the formula works — and what can shift it — helps you arrive at an amount that is accurate and defensible.
What we handle
- Child support calculation using the Fla. Stat. § 61.30 income shares model
- Deviation arguments — extraordinary expenses, special needs, unequal timesharing
- Enforcement of unpaid support: contempt, income withholding, license suspension
- Income imputation when a parent is voluntarily underemployed
- Retroactive support in paternity and unmarried-parent matters
- Modification when income or timesharing substantially changes
Florida child support — Fla. Stat. § 61.30
Florida uses the "income shares" model codified at Fla. Stat. § 61.30. Both parents' monthly gross incomes are combined; the statutory schedule yields a base support obligation; each parent then contributes proportionally to their share of combined income. Adjustments are made for the cost of health insurance premiums, child care expenses, and the number of overnight stays each parent exercises per year. When one parent has 20% or more of the overnights (73+ nights/year), a timesharing adjustment reduces the presumptive support amount. Courts may deviate from the guidelines if the deviation is in the child's best interests and the written order explains the basis.
How child support is established in Florida
Gather income documentation
We collect pay stubs, tax returns, bank statements, and proof of recurring expenses (health insurance, child care) for both parents. Accurate numbers drive the calculation.
Run the statutory guidelines worksheet
Using the § 61.30 formula, we compute the presumptive monthly obligation and model how changes in timesharing or income affect the result.
Negotiate or litigate deviations
If either party believes a deviation is warranted — due to extraordinary needs, unusual expenses, or very high combined income — we document the basis and argue the deviation before the court.
Income withholding order
Unless both parties agree otherwise, Florida courts issue an automatic income withholding order directing the obligor's employer to deduct support from each paycheck.
FIDM and enforcement if needed
Unpaid support accrues interest. We pursue enforcement through contempt motions, license suspension requests, and financial institution data matches (FIDM) when a parent fails to pay.
What it costs
Child support calculation and agreement as part of an uncontested matter is included in our flat-fee packages. Contested support hearings or enforcement proceedings are handled on a retainer basis starting from $10,000.
View full pricing breakdownCommon questions
Can parents agree to waive child support?
No. Florida courts will not approve a parenting plan that waives child support if minor children are involved. Child support is the right of the child, not the parents, and cannot be bargained away. The court reviews the § 61.30 worksheet at every final hearing.
What income counts in the Florida child support formula?
Fla. Stat. § 61.30(2) includes gross income from virtually all sources: wages, salary, self-employment net income, disability benefits, workers' compensation, rental income, overtime (if regular), bonuses, and investment income. Courts can also impute income to a parent who is voluntarily unemployed or underemployed.
How does timesharing affect child support?
The § 61.30 formula includes a timesharing adjustment when the non-primary parent has 20% or more of the overnights (at least 73 nights per year). More overnights generally reduce the support obligation, though the reduction is proportional rather than dollar-for-dollar.
How do I enforce unpaid child support in Florida?
Unpaid support is a civil debt that accrues statutory interest. Enforcement tools include a motion for contempt, income withholding order, interception of tax refunds, driver's and professional license suspension, and — for egregious non-payment — referral to the Department of Revenue for additional remedies.
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