How Florida Splits Child Support Unequally

How Florida Splits Child Support Unequally

Florida uses what’s called the Income Shares Model to calculate child support. The idea behind it is that a child should receive the same financial support they would have if both parents were still living together. That means both parents contribute, but not necessarily in equal amounts. The calculation starts by combining both parents’ net monthly incomes. From there, the court references Florida’s child support guidelines to determine a baseline amount based on the combined income and the number of children involved. Each parent is then responsible for their proportional share of that total. So if one parent earns $6,000 per month and the other earns $2,000 per month, the higher-earning parent isn’t just paying “more.” They’re paying a percentage that reflects their actual share of the household’s total income.

What Counts As Income

This is where things get more detailed. Florida courts look at a broad definition of income when running these numbers. It includes:

  • Wages, salaries, and tips
  • Bonuses and commissions
  • Self-employment income
  • Rental income
  • Social Security and disability benefits
  • Pension and retirement distributions

Courts also have the authority to impute income to a parent who is voluntarily unemployed or underemployed. If someone is capable of earning more and chooses not to, the court may assign an income figure based on their work history, education, and job market conditions.

Adjusting For Time-Sharing

Time-sharing arrangements have a direct impact on how much each parent pays. Florida law accounts for the number of overnight visits each parent has with the child throughout the year. A parent who has the child more often typically incurs more day-to-day expenses, which shifts how the support obligation is distributed. Under Florida Statute 61.30, parents who exercise at least 20% of overnight time-sharing may be eligible for an adjustment to their child support obligation. This doesn’t automatically reduce the amount, but it does factor into the final calculation. A Tampa family lawyer can help you understand exactly how your current parenting schedule affects what you owe or what you’re owed.

Additional Expenses The Court May Include

Beyond the base child support amount, courts can add certain expenses on top of the guideline figure. These typically include:

  • Health insurance premiums for the child
  • Uncovered medical and dental costs
  • Childcare expenses related to employment or job-seeking
  • Educational costs in some cases

These are divided proportionally between the parents based on their income shares, just like the base amount.

When Incomes Are Very Different

When there’s a significant income gap between parents, the higher earner will almost always carry a larger portion of the financial responsibility. That said, Florida law does set a floor. A parent cannot be ordered to pay less than a minimum amount simply because their income is low. The guidelines take those situations into account and provide a minimum support figure to protect the child’s interests. At The McKinney Law Group, child support cases are handled with a clear understanding of how Florida’s formula works in practice, not just on paper.

When The Guidelines Don’t Tell The Whole Story

Florida courts can deviate from the guideline amount if there’s a legitimate reason to do so. Unusual medical needs, a child’s educational requirements, or a significant disparity in the standard of living between households can all factor in. Deviations require written findings from the court explaining why the standard calculation doesn’t serve the child’s best interests. If you’re dealing with an income gap and need to understand how support will actually be calculated in your situation, working with a Tampa family lawyer gives you a clearer picture of what to expect and how to prepare. Reach out today to get started.