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What is child support?
Child support is money that one parent pays to the other parent or to the person caring for the child. A child support order can include payments for the child’s basic financial needs, health care expenses, and any past or outstanding support owed.1 Every child support order must include health insurance for the child if the insurance is affordable and available near the child’s primary residence.2 Health insurance is considered affordable if adding the child to the parent’s health insurance plan costs no more than 5% of the parent’s gross income.
1 Fla. Stat. § 61.046(22)
2 Fla. Stat. § 61.13(2)(b)
How do I file for child support?
If you want to file for child support, you can do so through the Florida Child Support Program or in court. You do not need to file a divorce case to get a support order through the Florida Child Support Program, but the paternity of your child must be established first.1 To apply for paternity establishment or child support services, you need to first open an online account, or you can call the Florida Child Support Program and then complete an application for services. Once you submit the application, they will let you know by mail when your case is open or if they need additional information from you.2
If you prefer to go through the court, you may go to the circuit court of the county where you live, or where the other parent lives.3 In the petition, you should include information about other support proceedings involving your child and if there is an existing support order in Florida or any other state (jurisdiction).
1 Fla. Stat. § 61.09
2 See Florida Department of Revenue website
3 Fla. Stat. §61.17(1)(a)
How long does child support have to be paid?
In Florida, child support usually ends when the child turns 18. However, it can continue if the child is still in high school, is doing their best in school, and is expected to graduate before turning 19 - or if both parents have agreed to keep paying support for a longer time.1 Child support can also continue beyond age 18 for someone who has a mental or physical disability that started before they turned 18 and who depends on their parents for care.2
1 Fla. Stat. §61.13(1)(a)
2 Fla. Stat. §743.07(2)
Can my child support order be changed?
Your child support order can be changed (modified) by either the court or the Florida Child Support Program, if:
- it is in the best interests of your child;
- your child turns 18, or is between 18 and 19 under certain circumstances;
- there has been a significant (substantial) change in your or the other parent’s circumstances; or
- your child:
- is emancipated;
- marries;
- joins the armed services; or
- dies.1
You may also qualify for a review of your child support order if your child support order has not been changed or reviewed in the last three years.2 Either parent can ask the Child Support Program or the circuit court to change their support order.
The parent asking for the change based on the significant change in circumstances standard must show that their situation has changed in a substantial, permanent, and involuntary way. This means that something major, lasting, and beyond their control has affected their financial situation.3
If the review shows that the child support amount should be changed based on state guidelines, the department or the court will take steps to modify the order. What those steps are may depend on whether your order originally came from the Florida Child Support Program, a Florida court, or a court in another state. If it is determined that the order should not change, the Florida State Child Support Program will send a notification of the decision to the parents.3
1 Fla. Stat. § 61.13(2)
2 Fla. Stat. §409.2564(11)(a)
3 See Florida Department of Revenue website.
How will a judge decide the amount of a child support award?
A judge will decide the amount of child support by using Florida’s Child Support Guidelines. These guidelines use a formula that looks at what the child needs and what each parent can afford to pay, based on their income.1
Most of the time, the judge will order the amount the guidelines calculate. However, the judge can adjust that number, up or down by about 5%, after considering:
- your child’s needs;
- your child’s age;
- your family’s standard of living; and
- each parent’s income and ability to pay.2
In special situations, the judge can set an amount higher than the 5% range, for example, if a child has large medical expenses. When that happens, the judge must explain in writing why a different amount is fair or necessary.2
1 See Florida Department of Revenue website
2 Fla. Stat. §61.30(1)(a)
