In any action for dissolution of marriage, the court has the power and duty to order either or both parents to pay support for a child. The amount of support will depend upon the needs of the child and the ability of the parties to pay. In considering the amount of support that the court should award, the judge will usually consider the age of the child, the earning ability of each of the parents, and the standard of living that the child would have enjoyed if the family had continued to live together, as well as the physical and emotional health of the child and each of the parents. The physical and emotional health of the child may affect the need that the child may have for special care or special schooling. Child support is generally payable until the child reaches age eighteen unless the child is in high school with a good faith expectation of graduating by age nineteen, in which case support is payable until graduation from high school or the attainment of age nineteen. The award may be retroactive for up to 24 months if the parents have not been living together with the child.

There are mandatory child support guidelines. The child support guidelines are a formula for determining a reasonable amount of child support. It is based on the parents' incomes, the needs of the children and the number of minor children. A different formula applies if the children spend at least 40% of the overnights of the year with each parent. If a parent is unemployed, or under employed, a court may assign an income to that parent based on such things as prior employment, experience, and education. A court may only deviate from the guidelines by making specific findings which justify the action.

We have created a child support guidelines calculator for our clients, so they can plug in the numbers (variables) and see exactly what the statutory guidelines require. Our calculator is a very valuable tool and helps make the process more understandable and transparent. No surprises. Access the child support calculator with your client id and password in the working part of this site, along with our Florida Divorce Questionnaire.

The court also has the power to modify the amount of the support at any later time until the child support obligation ceases. Such a change may take place if there is an involuntary, permanent and substantial change in circumstances of the parties, or if it is in the best interest of the child. A substantial change in the circumstances of the parties could include such things as a big change in the salary of either of the parents or an increase in the child's needs because of medical problems or more expense simply because the child has become several years older. A mere change in the guidelines which results in support increasing or decreasing by the greater of $50.00 is the basis for a modification.

As a part of child support, the court shall order a parent to maintain health insurance for the minor child when the insurance is reasonably available. Insurance is reasonably available if the parent who is to provide it can obtain insurance at a reasonable rate. The state has a great health care insurance program that covers kids, for people who can not afford private health insurance.

The court may also order a party who has an obligation to pay child support to purchase and maintain a life insurance policy or a bond. The purpose of the life insurance or bond is to be sure that the child is financially protected in the event that the paying parent was to die before the child support ceases.

Child support payments are to be paid through a central depository, unless otherwise requested by both parties and a court finds it in the best interests of the child/children to order otherwise. To accomplish that, the court is required to enter a separate income deduction order. To see a form of that income deduction order used by some courts click here.

The requirement that payments be made to a central depository is good because there is a clear record as to what payments have been paid and what payments have not been paid. The central depository is the State Disbursement Unit in Tallahassee .

If the parent who is to pay support fails to make payment(s), the parent entitled to receive support can enforce the order by petitioning the court for enforcement. A good way to insure child support is paid is to obtain an income deduction order. Child support enforcement options include contempt of court, driver's license and motor vehicle registration suspension, withholding a refund due on a motor vehicle impact fee and withholding refunds on federal income taxes. Once all remedies have been exhausted professional licenses or certificates may be sought to be suspended or denied.
 
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