Florida uses a formula based on both parents' income and custody time

Florida law requires child support to be calculated using the Income Shares Model. This means the court takes both parents' gross monthly income, subtracts certain costs (like health insurance and daycare), and divides the remaining amount based on how much time each parent spends with the child. The parent who does not have primary custody usually pays the other parent.

The calculation is not arbitrary. Florida Statute 61.30 sets out the exact formula, and judges must follow it unless they document a reason not to. The result is called the guideline amount. You can calculate this yourself using the numbers below, or ask the court to do it during your case.

The formula changes if you have more than one child, if either parent earns above a certain threshold, or if custody is split roughly equally. Income also includes more than just wages — it covers bonuses, self-employment profit, rental income, and some benefits.

Key Takeaways

  • Florida adds both parents' gross income, subtracts health insurance and daycare costs, and divides the result based on custody time and the number of children.
  • The guideline amount is what the law presumes is correct, but a judge can order more or less if they write down their reason.
  • Income includes wages, self-employment profit, bonuses, rental income, and some government benefits — not just a paycheck.
  • If one parent earns more than the current threshold (which changes yearly), the calculation becomes more complex and usually requires a lawyer or accountant.
  • You can request the other parent's financial documents through the court to verify their income before you agree to any amount.

The five steps to calculate the guideline amount

Step 1 is to establish each parent's gross monthly income. This includes salary, hourly wages, bonuses, commissions, self-employment net profit, rental income, interest and dividends, retirement distributions, and some Social Security or workers' compensation benefits. It does not include child support or spousal support you receive from another case, or TANF (Temporary Assistance for Needy Families).

Step 2 is to subtract mandatory deductions from each parent's gross income. These are federal income tax, Social Security tax, Medicare tax, and state income tax. You can estimate these or use actual withholdings from recent pay stubs. Do not subtract voluntary deductions like 401(k) contributions or health club fees.

Step 3 is to subtract child-related costs that reduce each parent's available income. These are health insurance premiums paid for the child, court-ordered child support for other children, and childcare costs (daycare, preschool, after-school care) that allow the parent to work. Childcare costs are subtracted only for the time the child is in care while the parent is working or in school.

Step 4 is to add the two parents' adjusted incomes together. This is the combined parental income. Then look up the guideline amount in the Child Support Guidelines Table published by the Florida Supreme Court. The table shows the total monthly support obligation based on combined income and number of children. For example, if combined income is $5,000 per month and there are two children, the table might show a total obligation of $1,200.

Step 5 is to divide the obligation between the parents based on each parent's share of the combined adjusted income. If one parent earns 60% of the combined income and the other earns 40%, the first parent pays 60% of the total obligation. The parent with primary custody (more overnight time) usually receives the payment; the other parent pays.

How overnight custody time affects the calculation

The number of overnight days each parent has with the child directly changes who pays and how much. Florida counts the nights the child sleeps at each parent's home during a typical year. If one parent has the child 219 nights or fewer, that parent is considered to have less than 50% custody and typically pays support to the other parent.

If both parents have between 110 and 228 nights per year (roughly 30% to 62% of the year), the calculation uses a different formula that reduces the payment based on the paying parent's custody time. This is called the time-share adjustment. The more nights the paying parent has, the less they pay, because they are already spending money on the child during their time.

If custody is split almost equally — both parents have between 146 and 182 nights (40% to 50% of the year) — the court may order shared parental responsibility with equal time-sharing. In this case, the parent with higher income still pays, but the amount is reduced significantly because both parents are covering the child's expenses during their own time.

If one parent has fewer than 110 nights per year, the paying parent's custody time does not reduce the payment under the guideline formula. However, the judge can still consider this in deciding whether to order more or less than the guideline amount.

Income thresholds and high-income cases

Florida updates its income threshold yearly. As of 2024, if combined parental income exceeds approximately $250,000 per month (this number changes annually), the guideline table does not apply directly. Instead, the court must calculate support on the income above the threshold using a different method, or the judge may order an amount they find fair based on the factors in Florida law.

High-income cases are complex because the court has discretion. A judge might order support based on the child's actual needs, the parents' standard of living, or the child's accustomed lifestyle before the separation. This is why high-income cases often require a financial expert or accountant to present income evidence clearly.

If you earn above the threshold, ask the other parent's lawyer or the court clerk for the current year's threshold amount. Do not assume last year's number is still correct.

Deviations from the guideline amount

A judge can order more or less than the guideline amount if they find that applying the guideline would be unjust or inappropriate. Florida law lists 23 factors a judge may consider, including the financial resources of both parents, the child's needs, the standard of living the child would have had if the marriage had not ended, and the tax consequences to each parent.

Common reasons judges deviate downward (order less support) include: the paying parent has significant custody time not fully reflected in the formula, the paying parent has other children from different relationships, or the paying parent's income has recently dropped due to job loss or illness. Common reasons to deviate upward (order more support) include: the child has special needs or medical expenses, the receiving parent cannot work due to caring for the child, or the paying parent is hiding income.

If you believe the guideline amount is unfair in your case, you must ask the judge to deviate and explain why. Simply disagreeing with the number is not enough. You will need to present evidence — tax returns, medical bills, school records, or expert testimony — to support your request.

What documents you need to calculate support

To calculate child support yourself or to prepare for a court hearing, gather the following from each parent: recent pay stubs (usually the last two months), the most recent federal tax return (Form 1040 and all schedules), proof of health insurance costs for the child, receipts or invoices for childcare expenses, and a calendar or custody agreement showing overnight days with the child.

If either parent is self-employed, you will also need business tax returns (Schedule C) and profit-and-loss statements. If either parent receives income from investments, rental property, or retirement accounts, gather statements showing that income.

If you do not have access to the other parent's financial documents, you can request them through the court using a Request for Production of Documents or a Financial Affidavit (Form 12.901(b)). The other parent is required by law to provide accurate financial information. If they refuse or lie, the judge can hold them in contempt of court or order them to pay your attorney fees.

How to request a modification if circumstances change

Child support orders are not permanent. If either parent's income changes by 10% or more, or if custody time changes significantly, either parent can ask the court to recalculate the amount. This is called a modification.

To request a modification, file a Petition to Modify Child Support with the court that issued the original order. You will need to show the change in circumstances — a new job offer letter, a layoff notice, a custody agreement change, or a school enrollment showing the child is now in full-time care. The court will recalculate using the current guideline formula and the new numbers.

Modifications are common when a parent loses a job, gets a significant raise, or when a child ages out of daycare. Do not simply stop paying or pay a different amount on your own. If you cannot afford the current order, file for modification before you fall behind, because unpaid support can result in wage garnishment, license suspension, or contempt charges.

Frequently Asked Questions

Does child support include money for activities, clothes, or school supplies?

The guideline amount is meant to cover the child's basic living expenses: housing, food, utilities, and ordinary clothing. It does not separately account for sports, music lessons, summer camp, or private school. Either parent can ask the court to order the paying parent to split these additional expenses, but that is a separate decision from the base child support amount.

What if one parent is unemployed or working under the table?

The court will not accept zero income as a reason to pay no support. If a parent is unemployed, the judge may impute income based on their education, work history, and job market in the area. If a parent is working under the table, the other parent can present evidence (bank deposits, witness testimony, tax records) to show actual income. The judge will use whatever income figure they find most credible.

Can child support be ordered retroactively to the date of separation?

Yes. Child support can be ordered back to the date the parents separated, even if the court case was filed months or years later. This is called retroactive support. The paying parent will owe the full amount calculated for that entire period, though the judge has discretion to reduce it if the receiving parent delayed filing without good reason.

Does the guideline amount change if I remarry or my new partner moves in?

No. A new partner's income does not count toward child support, and remarriage does not change the calculation. Only the biological or adoptive parents' income is used. However, if remarriage causes one parent's income to change (for example, one parent quits work), that change in the parent's own income can be grounds for modification.

What happens if the paying parent's income is much higher than the receiving parent's?

The guideline formula still applies. The higher-earning parent pays a larger share of the total obligation based on their percentage of combined income. If the combined income is very high (above the threshold), the judge has more discretion and may consider the child's actual needs and standard of living. This is why high-income cases often involve disputes over what amount is fair.