Payment Amount
What determines the amount of child support ordered by the court?
In Florida, the amount of child support is governed by the guidelines established by Florida Statutes s. 61.30.
What are the Child Support guidelines based on?
The child support guideline's dollar amount is based on the number of children and the combined income of the parents. The child support obligation is divided between the parents in direct proportion to their income or earning capacity. The parent with whom the child lives most of the time (the "custodial" parent) is paid the established support by the other parent (the "non-custodial" parent).
The Court, at its discretion may increase or decrease, up to five percent, the guideline's dollar amount. The amount may be increased or decreased in excess of five percent if the Court agrees with written reasons given for the change. See Florida Statutes s. 61.30.
How can I get visitation credit?
If the Court Order states that visitation credit is allowed, the Clerk should adjust the record upon notification of both parties pursuant to the direction of that order. If the order is not specific, the Clerk should adjust the record only upon the entry of an Order directing the Clerk to credit the case for a given amount. See Florida Statutes s. 61.30(11).
What if I can't pay the amount ordered?
Can the support amount ever change?
Payment reduction or increase?
Florida law states that child support can be reduced or increased if a substantial change has occurred. The custodial or noncustodial parent may request the amount change through the Petition for Modification process. It is through this process that the increase or decrease may be granted or denied. If a change is granted a Court Order will be issued stating the amount of increase or reduction. All pleadings must be filed in accordance with Florida Laws and the Rules of Civil Procedure. There may or may not be filing fees for the Petition for Modification process, you will need to contact an Attorney or the Clerk's Office where the latest order is filed. See Florida Statute 61.30(11).
FEES: Do I have to pay a fee to the Clerk with each payment?
Criteria of the case determines whether or not you will pay a clerk fee.
If your case is:
(1) Filed through the Department of Revenue you WILL NOT pay a clerk fee, but there may be outstanding fees, such as the clerk's fee due that are owed
(2) A private case, you WILL pay a clerk fee. See Florida Statutes s. 61.181.
FEES: How much is the Clerk fee?
The Clerk fee equals four percent of the payment, up to $5.25. See Florida Statutes s. 61.181.
Stopping Payment
What age do my children have to be before I can stop paying child support?
What is the age of majority?
Child support generally stops at the age of majority, which in the State of Florida is 18. However, other states in the nation have varying ages. When a case is transferred to Florida from another state, the state that has continuing exclusive jurisdiction will determine the age of emancipation. It is suggested to read your order carefully. If your Court Order states otherwise, it supersedes the age of emancipation (or majority). For example: the Court Order directs support until the child graduates from college; therefore, support will continue after the child has reached the age of majority.
My child(ren) have emancipated (reached the age of majority), I should no longer have to pay child support. What can I do to terminate support?
The Clerk should adjust the record pursuant to the Court Order. The record would be researched to confirm the date of birth or any other information to confirm emancipation. If the information is not contained in the court file the parties must supply the information or the documentation needed for the adjustment to be made.
How do I terminate support when my child turns 18 or graduates from high school?
It depends on the specific language contained in the Court Order. It is suggested to read your order carefully. If you believe that your order includes an event that has occurred causing support to terminate, contact the Clerk's Office. If you believe that an event has occurred but is not included in the order, you may need to modify your Court Order by the Petition for Modification process through the Clerk's Office. You may wish to consult an attorney. See Florida Statutes s. 743.07.
