Child support, in the eyes of the public, has generated myth, speculation, and a lot of misunderstanding. Some see it as something that is guaranteed to bankrupt them, others see it as a system that does not require paying parents to pay enough, and facing divorce, many parents are genuinely worried about what their child support payment might be.
Child Support is a Formula
The first thing to remember about child support is that it is a formula. That means that there is not a lot of argument about how much ends up being paid. So, why is there all the fighting over child support? It is because the formula is based on two things that parents or ex-spouses generally fight about: How much money each parent makes and how much time each parent will have with the children.
As the saying goes, “garbage in, garbage out,” which, here, means that if a parent’s income is inaccurate, underestimated, or overinflated, so too will the child support payment be an amount that parents are dissatisfied with.
Total Support for the Children
There is no shortage of law that says how a parent’s income is counted, and what part of income is counted for the purpose of child support, but the first thing to understand is how the formula itself works.
The first question to ask, when calculating child support, is how much total do the children need to maintain their basic needs? These numbers are provided in the Florida child support guidelines.
These guidelines total the income of both parents, and from that number, determine how much the child or children will need for their support. While some deviation is possible, this total number is set in the law and can be found here. As you may imagine, the total amount of support is more or less, depending on how much the parents’ combined incomes actually are.
Determining Income
That entails a determination of what the parents’ incomes are. In cases where parents make a consistent, steady income, that may be quite straightforward. In other cases, where parents may be self-employed, have more sporadic incomes, or where job history is inconstant or unstable, that may be more difficult—this is often where parents allege the other is “hiding money.”
Even once you agree on how much each parent makes, not all income is counted—it is net, not gross income, that is used for child support purposes, and the law allows certain deductions to see what that net income figure is.
Each Parent’s Share
Assuming there is some agreement on how much both parents earn, and thus, how much total support the children need, the formula then calculates how much of that total support number each parent should be made to pay.
To do that, the formula takes into account the percentage of the total combined incomes that both parents earn. For example, if the guidelines say that a child should receive $1,000 per month, and each parent has equal income, each parent’s share is 50% or $500.
From there, the formula calculates the overnights that each parent has with the child. Parents will pay child support based on the percentage of overnights that they have the child. Of course, practically, both parents do not actually pay—only one will pay: the parent who, after the calculations, makes more money or else who has the child more overnights. The formula takes into account how much the nonpaying parent should contribute, and reduces the paying parent’s payment accordingly.
This is why many timesharing battles happen in divorces. Whereas normally the parents may be agreeable, and may even want the same timesharing schedule, sometimes a parent, knowing that more time with their children reduces their child support obligation, will seek more time with the children for that reason. It is also important to note that when it comes to timesharing, and how it raises or lowers your child support obligation, it is overnights that count—not time spent during the day.
Payments for things like health insurance, medical or dental expenses, medicines, or child care costs are also calculated, and parents may receive more support or have to pay less support than they normally would if they are already paying some of these expenses.
Deviating From the Number
Once you reach a final support number, the judge can deviate from the child support, but only by 5%, and parents cannot agree to have no child support paid. In fact, any agreement for child support must be approved by the judge. While parents can, of course, agree on child support at mediation or some other collaborative process, that decision is pending the judge’s approval.
If child support sounds complex, it is because it can be. That is why it is best to see a good child support attorney to get an estimate of your support obligations, instead of trying to figure it all out on your own.
Modifying Your Support
If you have young children, you can expect to pay or receive support for many years. During that time, life and your financial picture may change. Parents do have a right to modify child support, but that requires a showing that any change in financial circumstances is significant and permanent. The changed financial situation cannot be of your own making. In other words, you cannot voluntarily resign, or quit your job, or switch to a lower-paying job, just to get your child support lowered.
Many people make the mistake of, when facing dire financial problems, simply stopping or lowering support payments. But even if your financial situation should change legitimately and honestly and permanently, you still must get a court order agreeing to modify or lower child support; you cannot just decide on your own to do it.
Contact us for help and to get information on what you can expect in your divorce case, or with your child support obligations.
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