Child Support - Larkin Family Law

What is child support?

Both parents are legally obligated to provide support for their minor child. Child support is a court-ordered periodic payment from one parent to the other parent to provide financial assistance for their minor child for the duration of the child’s minority. The purpose of child support is to ensure a minor child’s basic needs for food, clothing, and shelter are met and for the child to benefit from both parents’ collective ability to support them.

Neither one of us wants to pay child support. Can I waive it?

Generally, no. Child support is the right of the child, not the parent. In other words, it is the child’s support, not the parent’s support. So, one or both parents cannot waive a child’s support. Child Support is calculated using a Child Support Guidelines Worksheet, which is a formula set forth by Florida law. This calculation, not the desires of one or both parents, governs the payment of child support under Florida law. Although a complete waiver of child support is generally impermissible, a court may approve a small deviation from the child support amount in certain circumstances.

My spouse and I agreed that I will pay $100 in child support. Will the court approve that amount?

It depends. Child support is a formula in the State of Florida. Even if you agree on a different amount, the amount produced by the child support guideline formula is typically the minimum the court will order. If your agreed upon amount is the same or within 5% of the guideline amount, then the court may approve it. However, if your agreed upon child support amount is significantly different (>5% different) than the amount provided by the formula, then the court may not approve it.

A court must make a specific written finding and explain why a child support amount should be more than 5% different from the guideline amount. There are certain factors the court may consider when adjusting the child support more than 5% and these factors do not apply in every case. A Tampa child support lawyer can walk you through the reasons why a court may consider a significant deviation from the child support amount.

I am concerned my Wife will not use child support for our child. Can she only use child support for things for our child?

Florida does not require a parent to only use child support to benefit the child for whom it is intended. There is also no requirement that a parent show an accounting of how the child support has been used.

How is child support calculated?

Child support is a formula set forth by Florida law. The formula is called a Child Support Guideline Worksheet. The guideline requires both parties’ respective incomes, the monthly health insurance premium paid for the child, the monthly childcare expense (i.e. daycare or nanny expense) for a child, and the respective number of overnights the child spends with each parent. After that information is added, the guideline produces a monthly child support amount to be paid from one parent to the other.

If I have 50/50 timesharing with our child, do I get to waive child support?

No. This is a commonly misunderstood concept. Child support is not automatically waived when you have equal timesharing. Even if you have equal timesharing, you may still be ordered to pay child support in Florida. You must calculate child support using the formula required under Florida law. The calculation of child support using the formula is commonly referred to as a Child Support Guidelines Worksheet. Child support calculators online can be grossly inaccurate. You should consult with an experienced Tampa child support lawyer to accurately assess the amount of child support that you could be ordered to pay.

Does paying child support mean I have to pay for college?

No. In Florida, child support does not generally extend beyond 18 years old, or graduation from high school, if the child is in their senior year at age 18 and on track to graduate during the current school year. Unless you agree in writing to pay for college, a court will not order you to do so. However, a Florida court will enforce a court order from another state ordering you to pay child support through college graduation.

If I pay child support to my former spouse each month, is that all I have to pay for my child until they are 18?

No. A court can also require you to pay for health insurance and child support related expenses. These are expenses that are not part of the monthly child support payment, but can be enforceable like child support if they are not paid. Child support related expenses can include medical expenses not covered by health insurance (e.g. copays, prescriptions, hospital bills, etc.) and extra-curricular expenses (e.g. uniforms, equipment, registration fees, etc.).

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