Child Support

Florida law requires both parents to financially support their children. Child support issues often arise in divorce, paternity, and modification proceedings and can significantly affect both parents’ financial circumstances for years after a case is finalized.

At Coplan-Gardner & Gardner, P.A., we represent clients throughout Northeast Florida in child support matters involving establishment, modification, enforcement, contested income disputes, and complex financial issues.

Child support cases often involve more than simply applying a mathematical formula. Disputes frequently arise regarding income calculations, self-employment earnings, timesharing adjustments, healthcare costs, bonuses, overtime, imputed income, and other financial considerations that can substantially affect the final support amount.

How Child Support is Determined in Florida

Florida child support is generally calculated pursuant to the statutory guidelines contained in Florida Statute §61.30.

Florida uses an “Income Shares Model,” which is designed to estimate the amount parents would have spent on their children if the household had remained intact. The court then allocates financial responsibility between the parents based on their respective incomes and the amount of time-sharing exercised by each parent.

In determining child support, courts evaluate numerous factors, including:

The net income of both parents
The number of minor children
Health insurance costs for the children
Childcare and daycare expenses
The number of overnights exercised by each parent
Mandatory retirement contributions
Existing court-ordered support obligations
Educational or special needs expenses
Other allowable statutory deductions and adjustments

Although Florida’s child support guidelines establish a presumptive support amount, courts may deviate from the guideline amount in certain circumstances when supported by statutory factors and the best interests of the child.

Income Issues and Financial Disputes

One of the most heavily litigated aspects of child support cases involves determining each parent’s true income.

Disputes may arise concerning:

Self-employment income
Cash businesses
Bonuses and commissions
Overtime income
Investment income
Business deductions
Underemployment or unemployment
Imputed income
Variable or seasonal earnings

In some cases, courts may impute income to a parent if the court determines the parent is voluntarily unemployed or underemployed.

Proper financial analysis and documentation can significantly impact the outcome of a child support case.

Department of Revenue Child Support Enforcement

The Florida Department of Revenue assists with the enforcement and collection of child support obligations.

Florida law requires employers to report newly hired and rehired employees and comply with income withholding orders for child support payments. Wage garnishment and automatic income deduction are commonly used enforcement mechanisms.

While the Department of Revenue may assist with certain enforcement matters, complex cases often require independent legal representation to properly address disputed financial issues and court proceedings.

Modification of Child Support

Florida law permits modification of child support when there has been a substantial, material, and unanticipated change in circumstances.

Modification issues frequently involve:

Significant income changes
Job loss
Changes in timesharing schedules
Increased healthcare or childcare expenses
Changes in the child’s needs
Retirement or disability issues

Under current Florida law, a modification may be appropriate when the recalculated support amount would change the existing obligation by at least 15% or $50, whichever amount is greater.

Modification proceedings often require updated financial affidavits, income documentation, and detailed analysis of the parties’ financial circumstances.

Enforcement of Child Support Orders

When a parent fails to comply with a child support order, enforcement proceedings may become necessary.

Florida courts may enforce child support obligations through:

Civil contempt proceedings
Income withholding and wage garnishment
Suspension of driver’s licenses and professional licenses
Interception of tax refunds
Seizure of financial accounts
Reporting delinquent support to credit agencies
Passport restrictions
Entry of judgments for arrearages

In contempt proceedings, courts generally evaluate whether:

A valid court order exists
The parent failed to comply with the order
The parent had the present ability to pay

Enforcement cases can become highly contested, particularly when disputes exist regarding income, ability to pay, or calculation of arrearages.

Strategic Representation in Child Support Matters

Child support cases frequently involve detailed financial analysis and disputed income calculations that can substantially affect both the monthly support obligation and long-term financial responsibilities.

At Coplan-Gardner & Gardner, P.A., we approach child support matters with a focus on preparation, financial analysis, and strategic case development designed to protect our clients’ interests while ensuring compliance with Florida law.

If you are involved in a child support dispute, modification proceeding, or enforcement matter, experienced legal representation can make a substantial difference in the outcome of your case.

Contact Coplan-Gardner & Gardner, P.A. to discuss your case and learn more about your legal options regarding child support under Florida law.