Child support in Florida is governed by the child support guidelines which are set out in the Florida Statute. The court can in a divorce proceedings order either or both of the parents to pay child support in accordance with the guidelines. The child guidelines serves to standardize the determination of the amount of support. The support is determined by using both parents net incomes and allows for the number of minor children that the parties have together. In addition to the guidelines amount of support the law requires that a portion of daycare expense and health insurance be added to the support determination. Additionally, each parent must pay for uncovered medical expenses in proportion to each parent's net income. Parents who do not have health benefits for their children can apply year-round for affordable health care benefits through Healthy Kids and Kidcare.

Child support must be paid until the child turns 18, dies or becomes self supporting. However support can be obtained until the child's 19th birthday if the child is going to be graduating from high school by his 19th birthday. In an initial determination of support the court has discretion to award support retroactive to the date when the parents did not reside together in the same household with the child. The court can award retroactive support from the period of separation up to 24 months preceding the filing of the dissolution of marriage action.

The payer of child support is entitled to a deduction from his or her income should he or she have children from a prior marriage and is paying court ordered child support. In the event the payer of support fails to pay it when due, the recipient of the support can obtain a court order by filing a motion for contempt. A parent cannot avoid the duty to pay support by voluntarily being unemployed or underemployed. A court may impute income to a parent who is voluntarily unemployed or underemployed.

In the event of voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent is based upon all of the following:

• His or her recent work history.
• Occupational qualifications.
• Prevailing earnings level in the community.

Please call our office at 561-833-2772 for a free consultation or contact us online.