FLORIDA CHILD SUPPORT & FAMILY LAW
Child Support Attorney Serving Orlando Families
Child support questions often turn on more than a parent’s paycheck. Income, time-sharing, health insurance, childcare, and the terms of an existing order can all matter. MGM Law Group helps parents in Orlando and Central Florida establish, review, modify, and enforce child support obligations.
MGM Law Group helps Florida parents navigate child support establishment, modification, enforcement, income-related issues, healthcare expenses, childcare costs, and other financial matters involving children with strong advocacy and compassionate counsel.
understanding child support starts with understanding the framework
Florida Child Support at a Glance
Child-Focused
Child support is intended to address the financial needs of children. Under Florida law, child support is the unwavering right of the child, not the parent.
Both Parents Accountable
Florida's child-support framework considers the financial circumstances and earning capacities of both parents, not merely one wage earner.
Income Matters
All legitimate sources of income, allowable tax deductions, self-employment draws, and other financial disclosures directly impact statutory calculations.
Time-Sharing Matters
Overnight time-sharing schedules (specifically exceeding 20% of overnights per year) trigger the substantial time-sharing formula adjustment under Florida Statute.
child support in florida at a glance
How Is Child Support Determined in Florida?
Florida utilizes a statutory formula known as the Child Support Guidelines (Fla. Stat. § 61.30). The law establishes a monthly support amount based on the combined net income of both parents and the number of dependent children, then apportions that financial responsibility proportionately according to each parent’s respective share of net income.
Crucially, child support is not simply determined by who earns more or by arbitrarily dividing household expenses in half. The calculation adjusts for vital child-related expenditures:
“The calculation begins with the legal framework — but accurate financial information matters.”
Statutory Formula Factors
Net Income Apportionment
Gross earnings minus allowable taxes, union dues, and mandatory retirement.
Gross Up Formula (≥ 73 Overnights)
When a parent exercises 20% or more overnights (73+ annually), statutory credits apply.
Mandatory Direct Credits
Credit given directly for payment of the child's portion of medical insurance and necessary daycare.
start where you are
What Are You Facing Right Now?
Select the situation that matches your present circumstances for direct strategic counsel.
I Need to Establish Child Support
You are initiating a legal proceeding, filing for paternity, or separating, and want your child’s legal financial framework properly instituted from day one.
The Other Parent Is Asking Me to Pay Support
You received a petition or notice from the Department of Revenue (DOR) and need to ensure calculations accurately reflect your actual net income and schedule.
I'm Not Receiving the Support That Was Ordered
Court-ordered payments have stalled, stopped entirely, or accumulated significant arrears, compromising your family’s stability.
My Financial Circumstances Have Changed
Job loss, illness, involuntary salary reduction, or changes in your child’s timesharing have occurred since the last court decree was issued.
I Have Questions About Income
Either parent is self-employed, runs an LLC, earns fluctuating commissions, receives equity packages, or conceals true revenues.
I Have Questions About Healthcare or Childcare
Unreimbursed medical bills, changes in monthly daycare premiums, private schooling, or therapy costs require clear allocation.
child support is a legal and financial issue
Your Child's Needs Matter. So Does Getting the Calculation Right.
At MGM Law Group, we recognize that few domestic proceedings produce as much enduring tension as child support. When calculated inaccurately, it places an unreasonable burden on the paying parent or leaves the receiving parent underfunded. We address the exact questions keeping parents up at night:
- How much should child support actually be under Florida guidelines?
- What exact income counts — do bonuses, overtime, or perks apply?
- What if the other parent is self-employed or conceals financial earnings?
- What happens if someone loses their job involuntarily or gets a pay cut?
- Who is legally required to pay for health insurance and copays?
- How are private school, sports, and after-school care expenses divided?
- What happens if court-ordered support is delinquent or unpaid?
- Can an existing court order be changed after timesharing changes?
understanding the calculation
What Factors Can Affect Child Support in Florida?
Florida family courts follow rigorous statutory models that integrate holistic data about the family household.
Parental Income
Both parents’ verified gross revenues, factoring allowable mandatory withholdings such as income tax, Medicare, and union obligations.
Health Insurance
The portion of monthly health, dental, and vision insurance premiums allocated solely to the minor child(ren).
Childcare Expenses
Necessary work-related daycare, after-school care, or nanny costs incurred to allow parents to maintain their employment.
Number of Children
The statutory schedule scales according to the number of children shared legally between the parties.
Time-Sharing Allocation
The exact tally of overnight stays with each parent during the calendar year under the court-approved parenting plan.
Other Financial Deductions
Court-ordered support paid for prior children, spousal support paid or received in this dissolution, and mandatory retirement fees.
“Child support is calculated using information about the entire family — not simply one parent’s paycheck.”
what counts as income?
What Income Is Considered for Child Support?
Under Florida Statute § 61.30, gross income is broadly interpreted. It encompasses wages, hourly earnings, overtime pay, bonuses, commissions, severance, pensions, workers’ compensation, disability, and business distributions.
When Income Is Complicated
High-net-worth parents, business owners, and 1099 independent contractors often operate with nuanced compensation structures. Our legal team scrutinizes:
- Pass-through business income vs. reinvested capital
- Company-paid vehicles, cellphones, and personal travel
- Involuntary vs. voluntary underemployment
- Fluctuating stock options and deferred bonuses
Standard Wages & Salaries
W-2 statements, overtime trends, shift differentials, and seasonal adjustments.
Self-Employment Draws
Schedule C business revenues, allowable expenses, and non-cash deductions like depreciation.
Commissions & Bonuses
Averaged over regular historical periods to determine steady earning capacity.
Imputed Income Analysis
Florida courts may legally impute income if a parent is voluntarily unemployed or underemployed.
“A complete financial picture matters when support is being calculated.”
timesharing & support
Does Time-Sharing Affect Child Support?
Yes, but in Florida, the relationship is nuanced. The state utilizes what is known as the “Gross-Up Method” under Fla. Stat. § 61.30(11)(b). If a parent exercises 73 or more overnights per calendar year (at least 20%), the court adjusts the support formula to reflect the substantial expenses incurred maintaining a home for the child.
A common misconception is that a 50/50 parenting plan automatically zeros out child support. In reality, if one parent earns significantly more than the other, support may still be required to ensure the child experiences an equitable standard of living in both households.
“Time-sharing and child support are separate legal issues. A parent should not assume that having equal or substantial time-sharing automatically means that no support is owed. Likewise, a child-support obligation does not determine a parent’s right to spend time with their child.”
- Overnights are strictly counted based on court-decreed plans.
- Failure to pay support does not forfeit parental visitation rights.
- Withholding timesharing does not justify unilaterally stopping support payments.
healthcare costs
Who Pays for a Child's Health Insurance and Medical Expenses?
Florida law mandates that any child support decree address health insurance, uninsured medical costs, dental coverage, and vision needs.
Health Insurance Premiums
The parent who carries health insurance for the minor child receives a credit directly inside the statutory child support calculation worksheet for the child’s portion of the monthly premium.
Unreimbursed Medical Expenses
Deductibles, copays, specialist visits, and prescription costs not covered by insurance are typically divided between parents pro-rata based on their relative percentages of net income.
Dental, Vision & Orthodontics
Braces, specialty therapy, and eye exams must be explicitly defined in your final judgment or parenting agreement to avoid protracted enforcement litigation later.
“Healthcare costs should not be an afterthought when planning for your child’s financial needs.”
working parents & childcare
How Are Childcare Expenses Handled?
Childcare costs are frequently one of the largest monthly line items for Central Florida families. In Florida, necessary work-related childcare—including licensed daycare, voluntary prekindergarten wrap-around, and before/after-school programs—is added directly to the total child support need.
Work-Related Daycare
Statute covers childcare expenses necessitated by employment, job search, or formal education leading to employment.
Before & After-School
Extended day programs through Orange County Public Schools or private facilities are integrated into the monthly formula.
Summer Camps & Breaks
Agreements should clarify whether seasonal break care is calculated inside the guideline average or reimbursed as incurred.
Direct Cost Credit
The paying parent receives credit on the child support worksheet for the net amount actually paid to the childcare provider.
starting a support case
How Is Child Support Established?
A disciplined, sequential roadmap ensures your calculation withstands judicial scrutiny.
Identifying the Legal Case
Determining whether child support arises from a Dissolution of Marriage, a Paternity Petition, a Department of Revenue (DOR) administrative action, or a standalone petition for support unconnected with divorce.
Gathering Financial Information
Exchanging mandatory Florida Family Law Financial Affidavits, tax returns, W-2s, paystubs, health premium documentation, and certified daycare invoices.
Determining Parenting Circumstances
Auditing the actual overnight timesharing schedule under the proposed or established Parenting Plan to apply the 73-overnight substantial timesharing threshold accurately.
Applying the Child-Support Framework
Running the official Florida Child Support Guidelines Worksheet, testing for statutory deviations, special medical needs, or unusual dependency exemptions.
Establishing the Order
Finalizing the court order, setting clear commencement dates, retroactivity terms, direct depository accounts, and implementing an Income Withholding Order (IWO) where appropriate.
when circumstances change
Can Child Support Be Modified in Florida?
Under Florida law, child support is never permanently set in stone. An order may be modified if there is a substantial, permanent, involuntary, and material change in circumstances.
Statutarily, a change in calculated support of at least 15% or $50 (whichever is greater) between the existing order and the new guideline formula constitutes grounds to request judicial modification.
“A child-support order reflects circumstances at a particular point in time. When circumstances change, the legal analysis may need to change with them.”
Substantial Career or Shift Shift
A parent transitioning from night shift to standard day hours, enabling meaningful weekday involvement.
Timesharing Reality Shift
A child now resides significantly more overnights with one parent than specified in the original final decree.
Termination of Childcare
A child enters public kindergarten, eliminating high monthly daycare tuition previously built into the support amount.
Medical or Special Needs
Emergence of continuous medical care, specialized therapy, or sudden shifts in health insurance rates.
when payments are not being made
What Happens If Child Support Is Not Paid?
Court orders are not optional suggestions. When a parent ignores their child support obligations, Florida judges possess potent enforcement mechanisms under civil and statutory contempt rules.
“If support is not being paid, understanding the existing order and available enforcement options is an important first step.”
Income Withholding Order
Garnishing support funds directly from the paying parent's payroll before funds reach their personal account.
Motion for Civil Contempt
Florida judges can order incarceration with a specific monetary "purge" amount to compel delinquent payment.
Driver License Suspension
Florida DHSMV and DOR can suspend driver's licenses and business/professional licenses for delinquency.
Tax Intercepts & Liens
Interception of federal tax refunds, lottery winnings, and filing liens against real estate or titled vehicles.
unpaid child support
What Are Child Support Arrears?
Arrears represent the past-due balance when a parent fails to pay their court-ordered child support obligation on schedule. In Florida, arrears do not expire and accrue statutory interest until satisfied in full.
Direct Payments vs. Depository Records
Florida child support is usually routed through the Florida State Disbursement Unit (FLSDU) Clerk of Court. Direct cash payments outside the state depository risk being treated legally as “gifts” without proper accounting proof, exposing the payer to false arrears claims.
Retroactive Child Support
Under Florida Statute § 61.30(17), a court can award retroactive child support for a period up to 24 months preceding the initial filing date, establishing an immediate retroactive balance that must be repaid through an additional monthly payment.
“Do not assume that an informal payment arrangement automatically changes a court-ordered support obligation. The existing order and payment records matter.”
complex financial circumstances
What If a Parent Is Self-Employed?
When a parent owns an LLC, S-Corp, medical practice, or independent contracting business, tax return lines do not tell the whole story. Under Florida law, business expenses allowed for tax reduction purposes are not automatically deductible when calculating child support.
MGM Law Group works systematically with forensic accountants to calculate true cash flow, evaluating accelerated depreciation, discretionary personal spending, distributions, and retained earnings.
“When income isn’t a simple paycheck, the financial analysis may require a closer look.”
Forensic Scrutiny in Self-Employment:
- Personal Expenses Invoiced to Business: Auto leases, home office deductions, meals, cell phones, travel, and personal insurance.
- Add-Back Depreciation: Non-cash paper tax losses (Section 179 depreciation) must generally be added back into gross support income.
- Unreasonable Retained Earnings: Discerning between legitimate operational reserves vs. holding distributions to artificially depress child support.
- Cash and Undocumented Revenue: Reconstructing true lifestyle income through bank deposits, credit applications, and lifestyle analysis.
establishing legal parentage
How Does Paternity Relate to Child Support?
When a child is born to unmarried parents in Florida, the biological father has no automatic legal rights to time-sharing or decision-making until legal paternity is established through a court judgment, even if his name is on the birth certificate.
Simultaneously, the Florida Department of Revenue (DOR) may initiate an administrative child support action without establishing the father’s right to time-sharing. MGM Law Group represents mothers and fathers to ensure both financial support and parental rights are comprehensively addressed together in Circuit Court.
“Establishing legal parentage can be an important foundation for determining parental rights and financial responsibilities.”
Urgent Legal Remedies
Birth Certificate != Custody
Signing the birth certificate establishes paternity acknowledgment, but only a court order establishes time-sharing rights.
DNA Testing Protocols
Judicial proceedings can order certified scientific genetic testing to confirm parentage before orders are entered.
Disestablishing Paternity
Florida provides specific legal avenues to contest and disestablish paternity if new scientific evidence reveals non-biological status.
when support is part of divorce
Child Support During a Florida Divorce
In a marital dissolution, child support cannot be determined in isolation. It is intricately connected to asset division, alimony, health insurance orders, and the Marital Settlement Agreement.
Alimony Interplay
Alimony paid by one spouse is deductible from their gross income, and counted as income to the recipient spouse for child support calculation purposes.
Equitable Distribution
Income-generating assets (rental properties, investment portfolios) awarded in property division directly modify future monthly gross revenue numbers.
Tax Exemption Allocation
Negotiating which parent claims the child tax credit annually or alternating years can create substantial net tax savings for both parties.
“Child support is one piece of the parenting and financial picture — not the entire case.”
when agreement isn't possible
What Happens When Parents Cannot Agree on Child Support?
When parents cannot agree on numbers, Florida courts follow an established dispute resolution pipeline. Disagreements usually stem from disputed income figures, contested overnight counts, or unreasonable expense claims.
“Strong advocacy means being prepared to address the numbers, the evidence, and the law.”
Formal Discovery & Subpoenas
We issue subpoenas to employers, banks, and merchant accounts to secure verified financial records directly, eliminating guesswork.
Mandatory Family Mediation
Florida law requires mediation with a certified family law mediator to resolve disputes privately before scheduling contested hearings.
Evidentiary Hearing Before Judge
When impasse persists, Melissa Gabriela Morales presents witness testimony, forensic exhibits, and statutory case law to the bench for judicial ruling.
what happens next?
The Florida Child Support Process
A 7-milestone roadmap outlining the trajectory of your child support matter.
Initial Consultation
Reviewing your current legal status, DOR notices, or existing orders, and establishing goals.
Case Assessment
Evaluating jurisdiction in Orange, Seminole, or Osceola Circuit Courts, and identifying needed filings.
Financial Information
Executing full mandatory financial disclosure, tax document collation, and affidavit preparation.
Support Calculation
Exchanging mandatory financial disclosures, witness depositions, and social investigations if needed.
Negotiation & Mediation
Settlement conferencing to reach sensible, sustainable agreements without costly litigation.
Court Proceedings
Appearing before General Magistrates or Circuit Judges for contested hearings if negotiations fail.
Child Support Order
Entering the binding Final Judgment with income withholding orders, direct depository records, and enforceable terms.
The MGM Difference
Strategic Advocacy. Compassionate Counsel.
Strong Advocate
We prepare every case with unwavering diligence. Whether challenging inflated expenses, uncovering concealed income, or defending against improper imputation, we champion your financial rights.
Clear Legal Counsel
We demystify Florida's complex Child Support Guidelines so you make informed, confident choices. You will understand how every variable affects the bottom line.
Compassionate Guidance
We never lose sight of the children at the center of the dispute. Our goal is to safeguard their welfare while providing you with steady, dignified legal representation.
A Note From Founding Attorney
“Child Support Is About More Than a Number.”
“In child support cases, I often find that the disagreement is not just over the final number. It is over the income used, an expense that was left out, or whether an existing order still reflects the family’s circumstances. I want you to understand what the calculation says, what information it relies on, and what you can do next. Start with clarity. Then determine your next step.”
— Melissa Gabriela Morales
Founding Attorney, MGM Law Group
- Strong Advocate
- Compassionate Counsel
- Florida Family Law
- Se Habla Español
florida child support faq
Answers to Common Florida Child Support Questions
Practical, legal answers to the questions Orlando parents ask most.
1. How is child support calculated in Florida?
Florida child support is determined under a statutory framework that considers factors such as parental income, the number of children, health insurance, childcare, time-sharing, and other applicable circumstances.
2. Does Florida use a child-support calculator?
Florida provides a statutory framework and guidelines for determining child support. The calculation requires accurate financial and family information.
3. Does 50/50 time-sharing mean no child support?
Not necessarily. Time-sharing can affect a child-support calculation, but equal or substantial parenting time does not automatically eliminate child support.
4. What income counts for child support?
The applicable calculation can consider various sources of income and financial resources. The specific information that should be included depends on the circumstances.
5. What if the other parent is self-employed?
Self-employment can make income more complicated to evaluate. Business records, income, expenses, and other financial information may need to be examined.
6. Can child support be changed?
A child-support order may be modified when the applicable legal requirements are satisfied based on a qualifying change in circumstances.
7. What if I lose my job?
A significant change in employment or income may affect a child-support case. However, an existing court order does not automatically change simply because circumstances change.
8. What happens if the other parent does not pay child support?
Depending on the circumstances, enforcement remedies may be available for unpaid or delinquent support.
9. What are child support arrears?
Arrears are unpaid amounts that have accumulated under a child-support obligation.
10. Who pays for the child's health insurance?
The treatment of health insurance and healthcare expenses depends on the applicable order and circumstances of the family.
11. Are childcare expenses included in child support?
Certain childcare expenses can be relevant to the child-support calculation, depending on the circumstances and applicable law.
12. Can child support be changed if the parenting schedule changes?
A significant change in time-sharing may affect a child-support calculation, but the legal requirements for modification still apply.
13. Do I need a lawyer for child support?
You are not necessarily required to have an attorney. However, child-support matters can involve significant financial and legal consequences, particularly when income, modification, enforcement, or disputed financial information is involved.
understanding starts with clarity
You Don't Have to Navigate Child Support Alone.
Whether you need to establish child support, respond to a support claim, modify an existing order, address unpaid support, or understand complicated income issues, the first step is understanding your legal options. MGM Law Group can help you identify the issues that matter, understand the applicable process, and develop a strategy based on your family’s circumstances.
Request a Confidential Consultation
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All communications are protected under Florida Evidence Code § 90.502 attorney-client privilege.