Child Support

How Do I Know How Much Child Support Should Be?

Florida uses a child support guidelines worksheet to determine the amount of child support due. The calculation takes into account each party’s income, the amount of time spent with the child, who pays the child’s health insurance, and any daycare expenses. If you have questions regarding this issue or any other issue, please click here to schedule an appointment with our attorney.

Who Receives Child Support Payments?

Official child support payments do not only go directly from the non-custodial parent to the custodial parent. The state of Florida also taxes the payer but not the receiver 5% for one child, 7.5% for two, and 12% for five or more children. Once the state takes the taxes out, it should go to the custodial parent.

The custodial parent is the parent who spends the most time physically caring for the needs of the child or children. If the children are split between the parents, then it depends on why they were split. If one parent is caring for a special needs child, or one parent is caring for more children, that parent may receive child support from the other parent.

What Factors Affect the Amount of Child Support?

We mentioned before that there are factors that affect how much child support can be. Child support cannot leave one parent unable to care for themselves, but it also has to be enough to make a sizeable contribution to their child’s care. The court uses several factors to determine how much child support should be.

• Parental Income and Employment: How much both parents make or can potentially make is the first thing that will be taken into consideration. In most cases, a parent cannot pay more than they make unless they have high-value assets that pay for their living expenses.
• Expenses: If either parent has a medical treatment or other repeating expenses independent of child support, the court will take them into account.
• Needs of the Child: Every child has basic needs that must be met, but some children have special needs due to physical, emotional, or learning disabilities that the custodial parent will have to care for.
• Number of Children: The higher the number of children, the more money the custodial parent will need. In most cases, the children will not be separated or split between the parents unless there are extenuating circumstances.
• Time Spent With the Child: Which parent spends the most time with the child will affect how much they give or receive in child support. If the custody agreement has a 60-40 split in terms of time with the children, the child support payments would be less than a custody agreement with a 70-30 or 80-20 split. This is because the more time they spend with the child, the more money they are already spending on the child’s needs.
• Existing Orders: If someone is trying to change their payments, the courts will reference and interpret what was initially agreed upon.

What Can Payments Be Used For?

Child support is not meant to be used for just anything. There are specific needs that a parent is supposed to provide for their child, even if they are divorced. Child support is how the non-custodial parent meets those needs, and the custodial parent is expected to use this money only for that reason. These needs include:

• Food
• Clothing
• Shelter
• Healthcare
• Education
• Other necessities that support those previously stated. This may include transportation, personal care items, and entertainment. It’s important to note these because it can be argued that child support should not be spent on them on an individual basis.

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Divorce is a long and ugly process, but using our online divorce service can seriously help expedite proceedings. This can include issues like child support payments. If you and your spouse can agree and set up child support, you can submit it to the courts for approval at a much faster rate than usual divorce proceedings. If you believe this would benefit your situation, check out our online services.