In Florida, child support obligations arise not just from divorce but also when two parents have a child outside of marriage. With more couples choosing to remain unmarried or co-parent separately from the start, child support issues between unmarried parents are increasingly common. These cases bring their own set of challenges and legal nuances—particularly when it comes to establishing paternity, securing support orders, and navigating parenting plans.
In Tampa, child support law for unmarried parents is governed by the same statutes that apply to divorcing couples. The key difference is that before child support can be ordered, the legal relationship between the father and the child must be formally recognized. Once that happens, both parents have equal rights—and responsibilities—under Florida law. Whether you’re the parent seeking support or the one being asked to pay, the outcome of your case can have long-lasting financial consequences.
A seasoned Tampa divorce attorney can help unmarried parents establish paternity, assert parental rights, secure fair support, and create a workable parenting plan. With proper guidance, you can protect your child’s best interests while also securing your legal and financial future.
The Legal Foundation: Parental Responsibility for Unmarried Parents
Under Florida law, both parents are legally obligated to support their child—regardless of marital status. However, if the parents were never married, legal paternity must be established before a court can issue orders regarding child support, time-sharing, or parental responsibility.
Once paternity is established, the court treats the case much like a divorce case involving minor children. The court can:
- Order child support
- Establish time-sharing (custody and visitation)
- Allocate parental decision-making authority
- Address health insurance and uncovered medical expenses
- Resolve other child-related issues
A Tampa divorce attorney can initiate the paternity and support case, respond to legal filings, and represent your interests throughout the process.
Establishing Paternity in Florida
Establishing paternity is the first step in securing child support from an unmarried father—or asserting parental rights if you are the father.
There are several ways paternity can be established in Florida:
1. Voluntary Acknowledgment
If both parents agree, they can sign a Voluntary Acknowledgment of Paternity form at the hospital or later through the Florida Department of Health. This document becomes legally binding after 60 days.
Once signed, the father’s name is added to the birth certificate, and he assumes both rights and responsibilities, including the obligation to pay child support.
2. Court Order
If there is a dispute, paternity can be established through court proceedings. The mother, alleged father, or state can file a petition, and the court may order DNA testing.
Once paternity is confirmed, the court can enter a final judgment of paternity and proceed with child support and parenting orders.
3. Administrative Process
The Florida Department of Revenue can also initiate a paternity and child support case administratively. This process is typically faster but does not address custody or time-sharing.
A Tampa divorce attorney can advise on which method is best for your situation and protect your rights during the process.
Filing a Child Support Case in Tampa
Once paternity is established, either parent can file a petition for child support. The case can be filed in the circuit court in the county where the child resides—in this case, Hillsborough County.
The petition must include:
- Names and addresses of both parents
- Information about the child’s birth and parentage
- Financial information (income, expenses, assets)
- A request for support and other relief
Once filed, the other parent is served with the petition and given the opportunity to respond. The court may hold a hearing to determine appropriate support and issue temporary or final orders.
A Tampa divorce attorney will ensure all procedural requirements are met and that your case is presented effectively in court.
Calculating Child Support for Unmarried Parents
Florida uses a standardized formula to calculate child support based on:
- Both parents’ net incomes
- Number of children
- Time-sharing schedule
- Costs of child care, health insurance, and uncovered medical expenses
The same Florida Child Support Guidelines used in divorce cases apply. The court calculates the total support obligation and allocates it between the parents based on their respective incomes and the number of overnights each parent has with the child.
For example, if the mother earns $4,000 per month and the father earns $2,000, the mother would be responsible for two-thirds of the support obligation, and the father for one-third—adjusted based on the actual parenting time.
A Tampa divorce attorney can ensure that all income is accurately disclosed, that deductions are properly applied, and that the guideline calculation is fair.
Time-Sharing and Its Impact on Child Support
The number of overnights a parent has with the child significantly affects the amount of child support ordered. If the noncustodial parent has at least 20% of overnights (73 nights per year), Florida’s guidelines apply a gross-up methodthat reduces the support obligation based on shared parenting.
If the parents share time equally, child support may still be owed by the higher-earning parent, but the amount is usually less than in sole custody arrangements.
A Tampa divorce attorney will help negotiate or litigate a time-sharing plan that is realistic, child-focused, and integrated into the support calculation.
Health Insurance and Medical Expenses
In addition to base support, Florida requires that one or both parents provide health insurance for the child if it is reasonably available. The cost of premiums is factored into the support calculation, and the court may order:
- One parent to carry insurance
- Both parents to share uncovered expenses (e.g., co-pays, deductibles)
- A reimbursement schedule for medical bills
These obligations are enforceable and can be modified based on changes in employment or insurance availability.
A Tampa divorce attorney will structure clear orders to avoid confusion and ensure your child’s healthcare needs are met.
Daycare and Childcare Costs
Childcare costs incurred so that a parent can work or attend school are included in the child support calculation. These expenses are allocated proportionally between the parents based on income.
If one parent pays daycare or afterschool care, the court may adjust support to account for these costs or order reimbursement from the other parent.
A Tampa divorce attorney will gather receipts and provider documentation to substantiate childcare costs.
Retroactive Child Support
Florida allows for retroactive child support of up to 24 months before the filing date of the petition. This is common in cases where paternity is established years after the child’s birth.
The court will consider:
- The time the parents were not living together
- The obligor’s income during that period
- Actual expenses incurred by the primary caregiver
Retroactive support may be ordered as a lump sum or paid in installments.
A Tampa divorce attorney can help calculate retroactive support and ensure repayment terms are fair and enforceable.
Modification of Child Support
Child support can be modified if there is a substantial, permanent, and involuntary change in circumstances. Common reasons include:
- Job loss or significant change in income
- Change in the child’s needs (e.g., disability, education)
- Change in the time-sharing arrangement
- New child born to one of the parents
To modify support, a parent must file a supplemental petition and provide documentation of the changed circumstances.
A Tampa divorce attorney will handle the modification process and argue for a recalculation based on current facts.
Enforcement of Child Support Orders
If a parent fails to pay court-ordered child support, the recipient can seek enforcement through:
- Income deduction orders (wage garnishment)
- Contempt proceedings
- Driver’s license suspension
- Seizure of tax refunds
- Property liens
- Credit reporting
- Jail time in extreme cases
Enforcement is available through the court system or through the Florida Department of Revenue’s Child Support Enforcement Program.
A Tampa divorce attorney can initiate enforcement actions and recover unpaid support through all available legal channels.
Unmarried Fathers’ Rights
Once paternity is established, an unmarried father has the same legal rights as a married father, including:
- The right to seek time-sharing
- The right to participate in major decisions (education, healthcare, religion)
- The right to object to relocation
- The right to access school and medical records
However, these rights are not automatic. The father must request a parenting plan and time-sharing schedule from the court.
A Tampa divorce attorney will file the appropriate petitions and advocate for a father’s full parental rights.
When the Mother Is the Payor
Although it is more common for mothers to receive support, Florida law is gender-neutral. If the father has majority time-sharing or if the mother earns significantly more, she may be required to pay child support.
Support is based on income and parenting time—not on who the custodial parent is by default.
A Tampa divorce attorney will ensure that support obligations are calculated fairly regardless of the parent’s gender.
When the Parents Live in Different States
Child support for unmarried parents can become more complicated if the parents live in different states. Florida can establish and enforce support orders if:
- The child lives in Florida
- The responding parent has sufficient contacts with the state
- Jurisdiction exists under the Uniform Interstate Family Support Act (UIFSA)
Enforcing or modifying out-of-state orders may require cooperation between agencies or filing in both jurisdictions.
A Tampa divorce attorney can handle multi-state child support issues and ensure compliance with Florida and federal laws.
The Role of the Florida Department of Revenue
The Department of Revenue (DOR) offers free administrative support services to custodial parents, including:
- Locating the other parent
- Establishing paternity
- Calculating support using state guidelines
- Collecting and enforcing child support payments
However, DOR cannot resolve time-sharing disputes or provide legal advice. Cases handled through DOR are typically limited in scope and less flexible than court proceedings.
A Tampa divorce attorney offers more personalized and comprehensive representation.
Voluntary Agreements Between Parents
Parents may agree on child support amounts, parenting time, and other issues—but their agreement must comply with state guidelines and be approved by the court.
Private agreements that do not meet statutory requirements are not enforceable. Any waiver or deviation must be justified and in the child’s best interests.
A Tampa divorce attorney will draft enforceable agreements and obtain court approval.
FAQ
Q: Can I get child support if we were never married?
A: Yes. Once paternity is established, both parents are obligated to support the child regardless of marital status.
Q: Do I need a court order to get child support?
A: Yes. Verbal agreements are not enforceable. A court order or administrative order is required to compel payment.
Q: Can I be ordered to pay support if I wasn’t on the birth certificate?
A: Yes. If DNA testing or other legal proceedings establish paternity, the court can order child support.
Q: Can I get back child support from before I filed?
A: Yes. Florida allows retroactive child support for up to 24 months before filing the petition.
Q: What if the other parent refuses to work?
A: The court can impute income based on earning potential and order support accordingly.
Q: Can we agree to no child support?
A: No. The right to support belongs to the child, and parents cannot waive it. Any agreement must be approved by the court.
Q: What if we live in different states?
A: Florida can establish or enforce support if jurisdictional requirements are met under UIFSA.
Q: Can I modify support later?
A: Yes. A substantial, permanent, and involuntary change in circumstances can justify a modification.
Q: How is health insurance handled?
A: The court may require one parent to provide insurance and both to share uninsured medical expenses.
Q: How can I enforce unpaid support?
A: Enforcement options include wage garnishment, contempt motions, license suspension, and more—with help from a Tampa divorce attorney.
When unmarried parents have a child together, they take on lifelong legal responsibilities—regardless of their relationship with one another. Child support is one of the most important of these responsibilities. Whether you need to establish paternity, calculate a fair support amount, enforce an order, or modify your obligations, a knowledgeable Tampa divorce attorney can help. With the right legal strategy, you can protect your child’s well-being, assert your parental rights, and create a financial arrangement that is both fair and enforceable.
The McKinney Law Group: Divorce Representation in Tampa That Fits Your Life
At The McKinney Law Group, we understand that no two divorces are alike. Whether you’re divorcing after a short marriage or a long-term union, we provide personalized legal solutions that reflect your goals and protect your future.
We assist with:
✔ Simple divorces with no children or major assets
✔ Long-term marriages with retirement and spousal support concerns
✔ Parenting plans for families with young or school-aged children
✔ Spousal support negotiations and waivers
✔ Mediation and court representation when needed
Call 813-428-3400 or email [email protected] to learn how we can help.