How is child support calculated and
how do I collect it?
Florida Statutes Section 61.30 describes
the detail of how child support guidelines are calculated.
You should be able to find a copy in any library.
The child support guideline amount
in Florida statutes presumptively establishes the
amount a court will order as child support in either
an initial proceeding for such support or in a proceeding
for modification of an existing order for child support.
A court may order payment of child
support which varies, plus or minus 5 percent, from
the guideline amount, after considering all relevant
factors, including the needs of the child or children,
age, station in life, standard of living, and the
financial status and ability of each parent. If this
occurs, the Court must enter a written finding explaining
why ordering payment of such guideline amount would
be unjust or inappropriate.
Most child support obligations are
set by the Court during dissolution of marriage proceedings.
Generally, the procedure is that each parent’s
income is provided by financial affidavit or a similar
document. This is one of the most frequent areas of
fraud or abuse in the child support system. If one
or both parents successfully hide their income, the
child support amounts will be incorrect. Unfortunately,
the children suffer and not the parents.
The combined monthly income of the
parents is then determined. Each parent’s share
is computed by using the table which sets out the
amount due, by matching the combined monthly available
income with the number of children for whom support
is paid.
Each parent's percentage share of
the child support need is then determined by dividing
each parent's net income by the combined net income.
Each parent's actual dollar share of the child support
need is further determined by multiplying the minimum
child support need by each parent's percentage share.
The court may adjust the minimum child support award,
or either or both parents' share of the minimum child
support award, based on other considerations found
at Florida Statutes 61.30 (11) (a.)
For combined monthly available income
less than the amount set out on the schedules, the
parent will be ordered to pay a child support amount,
determined on a case-by-case basis, to establish the
principle of payment and lay the basis for increased
orders should the parent's income increase in the
future. For combined monthly available income greater
than the amount set out in the schedules, the obligation
shall be the minimum amount of support provided by
the guidelines plus the percentages multiplied by
the amount of income over $10,000 set out in Chapter
61.
If the computation sounds complicated,
that’s because it frequently is complicated.
Although the basic procedure is relatively straight-forward,
the adjustments may be enough to make a significant
difference.
What if one parent doesn’t
work? Income on a monthly basis will be attributed
to an unemployed or underemployed parent when such
employment or underemployment is found to be voluntary
on that parent's part. If the parent has a physical
or mental incapacity or other circumstances over which
the parent has no control, the court may refuse to
attribute such income. A court may refuse to impute
income to a primary residential parent if the court
finds it necessary for the parent to stay home with
the child.
One frequently misunderstood area
of child support is that the child support monies
“belong” to the children. The parents
generally can’t agree not to pay child support
obligations.
What can you do if support isn’t
paid? In most cases you must go to Court to establish
that the amounts are not paid. Record keeping is important.
In many cases, the Court will order that child support
be paid into the “registry of the court.”
The payments is logged in and then paid to the parent.
This history can be used to show non-payment or payment
shortfalls.
Child support amounts can be garnished
from wages by order of the Court. If you are unable
to afford a private attorney to collect support amounts,
most jurisdictions have a procedure to assist. Many
times, the Court will order a non-paying spouse to
pay the attorney’s fees of a private lawyer
who was necessary to collect child support amounts.
Florida is serious about the payment
of child support. Florida Statutes Chapter 322.058
and 322.245 provide for suspension of a driver’s
license upon failure to pay child support in certain
cases as provided in chapter 61. Many times driving
is important enough to us that the loss of driving
privileges is a sufficient encouragement to pay child
support.
At the heavy handed end of the enforcement
spectrum, upon sufficient proof that a parent has
an obligation, the ability to pay and refused to do
so, a Court may hold that person in contempt. Sanctions
can include jail.
It is unfortunate but true that child
support is a frequent battle ground between divorced
spouses. The true losers are the children, who many
times receive less support than they deserve. Part
of the obligation of having children is financially
supporting them. In short, if you have children you
should take care of them financially, because it is
morally the right thing to do - not because a Court
forces you to do it.
Michael R. Barnes practices law
in Key West, Florida. His comments are provided as
a pro bono community service and are not offered as
legal advice for a particular set of circumstances.
If you are concerned that you may need a lawyer, you
are encouraged to contact one and follow his or her
advice for your individual situation.
