How to Calculate Child Support: Florida Bar Exam
In this article
Purpose and Duration of Child Support
Child support ensures both parents contribute financially to the child’s upbringing, covering essentials like food, housing, medical care, and education.
In Florida, child support generally ends when the child turns 18. However, it can continue until high school graduation if the child is expected to graduate before turning 19. Support may also extend beyond 18 for children with disabilities or special needs.
Florida’s Child Support Calculation Formula
Child support is calculated based on state guidelines considering:
- Each parent’s net income
- The number of children
- The amount of timesharing each parent has
More overnight time generally reduces that parent’s financial obligation. The formula presumes fairness, but the court may depart from it under specific circumstances.
Reasons for Deviating from Guidelines
Courts may deviate more than 5% from the guidelines if applying them would be unjust or inappropriate. Common reasons include:
- Extraordinary child expenses (e.g., medical, psychological, educational, and dental)
- The child’s independent income or assets
- The child’s special needs or age-related expenses
- A parent’s income, assets, and earning capacity,
- Maintaining the child’s standard of living from an intact household (meaning the court may adjust child support to help the child maintain a lifestyle similar to what they had when the family lived together).
When and How Support Can Be Modified
Child support may be modified if there’s a substantial, material, and unanticipated change in circumstances. Examples:
- A significant change in either parent’s income
- A change in the timesharing schedule
- Rising healthcare or childcare costs
- The child’s needs materially change
Florida law allows modification when the difference between the current obligation and recalculated amount is at least 15% or $50, whichever is greater. Fla. Stat. § 61.30(1)(b)
❌ Anti-modification clauses in divorce orders are unenforceable when it comes to child support. Courts always retain authority to adjust based on the child’s best interests.
Retroactive Support and Arrearages
Courts may order retroactive child support covering the period between separation or filing and the issuance of a formal order.
Arrearages are unpaid support amounts. Florida allows aggressive enforcement, including:
- Wage garnishment
- Suspension of driver’s license
- Tax refund interception
- Asset seizure
- Contempt proceedings, including possible jail time.
Overpayments vs Arrearages
- Arrearages are past-due child support money that a parent was supposed to pay but didn’t. These amounts don’t go away automatically and can be collected through enforcement actions like wage garnishment or tax refund interception.
- Overpayments happen when a parent pays more than what was ordered. Instead of a refund, the extra amount is usually credited toward future payments.
The two are not treated the same. Just because someone overpaid earlier doesn’t mean they can skip a payment later. Overpayments don’t cancel out missed payments unless both parents agree or the court orders it.
Termination, Waiver, and Enforcement
Child support cannot be waived in any agreement (including prenuptial or postnuptial), because the right belongs to the child—not the parents.
Failure to pay child support alone does not justify termination of parental rights, but it may be one of several factors considered when evaluating parental fitness.
If a party fails to pay child support as required by a court order in FL, they may face enforcement actions such as wage garnishment, suspension of driver’s license, interception of tax refunds, seizure of assets, or even contempt of court proceedings, which could result in fines or imprisonment. All child-related decisions are guided by the best interest of the child standard, which looks at the child’s safety, stability, needs, and emotional well-being.
Bar Exam Tip
📌 Focus on exceptions: Be ready for questions about deviations, retroactive support, or unenforceable waivers. Know when support ends, when it continues past age 18, and the standard for modification (15% or $50).
📌 Child support can not be waived in any agreements, including prenuptial or postnuptial agreements, as it belongs to the child.
Parenting Plans in Florida
In Florida, parenting plans are a central component of family law and frequently tested on the Florida Bar Exam. A parenting plan outlines how divorced or separated parents will share the responsibilities of raising their child and ensures that the best interests of the child remain the guiding principle.
Purpose of a Parenting Plan
A parenting plan establishes clear guidelines for time-sharing and parental responsibility. It defines each parent’s role in the child’s life, including:
- Day-to-day care and routines
- Major decisions (e.g., education, healthcare)
- Communication methods and coordination
Parenting plans are incorporated into divorce proceedings, typically as part of the Marital Settlement Agreement, and included in the Final Judgment of Dissolution.
Components of a Parenting Plan
Florida parenting plans have two core parts:
1. Time Sharing
Specifies when the child will spend time with each parent. It includes weekly schedules, holidays, travel, and school-related arrangements.Note that the court starts with the presumption of each parent getting 50/50 time-sharing with the children unless there are reasons to award more or less time to one parent.
2. Parental Responsibility
Defines how decisions are made regarding the child’s upbringing, including:
- Education
- Health care
- Religion
- Extra-curricular activities
Best Interests of the Child Standard
Florida courts apply the best interests of the child standard when evaluating or approving parenting plans. Factors include:
- The child’s health, safety, and welfare
- Each parent’s ability to meet the child’s needs
- Stability of each parent’s home environment
- Mental and physical health of the parents
- History of domestic violence or substance abuse
- Willingness of each parent to foster a relationship with the other
- The child’s preference, if mature enough to express a reasoned opinion
Florida law presumes shared parental responsibility and frequent contact with both parents unless such an arrangement would be detrimental.
Types of Parental Responsibility
Florida recognizes several parenting responsibility structures:
- Shared Parental Responsibility: Parents jointly make major decisions. The court can act as a tiebreaker in case of disagreement.
- Ultimate Responsibility: One parent has final authority over specific matters (e.g., medical or schooling).
- Sole Parental Responsibility: Assigned when shared decision-making would harm the child.
- Parallel Parenting: Each parent is responsible for specific areas of the child’s life, usually in high-conflict situations.
Modifying a Parenting Plan
Florida law presumes that equal time-sharing between parents is in the child’s best interest. This means courts generally start with the idea that children benefit from frequent and continuing contact with both parents. Parenting plans can be modified if there is a substantial, material, and unanticipated change in circumstances. Changes must also serve the child’s best interests.The change must be permanent, involuntary, and unforeseeable at the time of the original order. Remember that the best interests of the child govern.
Factors Courts Consider in Determining or Modifying Time-Sharing
- Ability to meet the child’s basic needs
- Physical, mental, and moral fitness of each parent
- Who has been the primary caretaker
- The child’s preference (if mature enough to express a reasoned opinion)
- Continuity and stability in the child’s environment
- Geographic location of each parent
- Parental willingness to foster a relationship with the other parent
- History of domestic violence or abuse
- Work schedules and daily routines
- Ability to protect the child from ongoing conflict or litigation
💡 Bar Tip: The child’s preference can be considered, but it’s not controlling. Courts weigh it along with all other best interest factors, and only if the child is of sufficient age and maturity.
What Is the Default Time-Sharing Setup?
Florida law presumes that equal time-sharing is appropriate. However, the court may award more or less time to one parent if:
- Equal sharing would negatively affect the child
- The parties agree to an alternate arrangement
- A substantial change in circumstances justifies modification
Relocation
Under Florida law, relocation means a parent is seeking to move the child 50 miles or more from their current residence for 60+ consecutive days.
Two Ways Relocation Can Happen:
- By Agreement: All parties with time-sharing rights agree in writing and submit the agreement to the court.
- By Petition: The relocating parent files a petition and serves the other parent. The non-relocating parent has 20 days to object.
Relocation Burden of Proof
- The parent seeking relocation must first show the move is in the child’s best interest (e.g., new job, better support).
- Then, the other parent can object, arguing the move would be harmful or reduce meaningful contact.
✏️ Note: Relocation does not terminate shared parental responsibility, but it may lead to a new time-sharing schedule or adjustment to transportation and communication terms.
Enforcement and Sanctions
If a parent violates the time-sharing schedule, the other parent may file a motion for enforcement. The court may:
- Order make-up time
- Impose fines
- Modify the schedule
- Hold the noncompliant parent in contempt
If there’s reason to believe a parent might relocate the child without permission, courts may:
- Require notarized consent for travel
- Impose bonding or security requirements or other restrictions
Florida Bar Exam Essays Involving Child Support & Custody
July 2021
The July 2021 essay focused on a divorce scenario involving two children. Key issues included:
- Calculation of child support using statutory guidelines
- Determination of timesharing arrangements
- Consideration of the best interests of the children in custody decisions
- Discussion on the enforceability of a prenuptial agreement waiving child support
February 2015
This February 2015 essay presented a post-dissolution modification request. The main points were:
- Calculation of child support
- Analysis of the child’s best interests in adjusting timesharing schedules
- Allocation and adjustment of parental responsibility
February 2014
The February 2014 essay focus was on enforcement and modification of child support. Main issues included:
- Determining the appropriate amount of child support
- Whether child support can be waived
- Establishing a parenting plan, including time-sharing and parental responsibility
- Evaluating each parent’s financial ability to support the child
February 2013
The February 2013 question involved an initial child custody determination. Issues included:
- Modification of parental responsibility and timesharing.
- Modification of child support
- Application of the best interests of the child standard.
Final Takeaway: Know the Rules and the Exceptions
Understanding Florida’s child support and custody framework is more than just knowing the guidelines — it’s about recognizing when the court may deviate, modify, or enforce based on the best interests of the child. These issues come up often on the bar exam, especially in essays involving modifications, timesharing disputes, or parenting plans.
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