How Child Support is Calculated - 2024 Rules Explained

Just how is child support calculated in the State of Florida? What are the factors involved in calculating child support? Florida Attorney Sergio Cabanas answers this question and more!

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Watch this video in English:
How is Child Support Calculated?
   • How Child Support is Calculated - 2024 Rul...  

Mira el video en español:
¿Cómo se calcula la manutención?
   • ¿Cómo se calcula la manutención?  

**Please note that the information in this video is not legal advice and is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**

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Sergio Cabanas, Esq. has been practicing law since 1991. After graduating from Washington College of Law in Washington D.C., Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.

The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody / Timesharing, Child Support, Alimony, Prenuptial Agreements, Postnuptial Agreements, Domestic Violence, and Post-Divorce Related issues.

The firm serves three counties in Florida: Broward, Miami-Dade, and Palm Beach. You can get in touch with us for your free 15-minute consultation by calling (954) 329-0441. We are open from 9AM to 7PM, Mondays to Fridays.

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0:00 Intro
0:12 How is Child Supported Calculated in the State of Florida?
0:20 The Right to Child Support is a Legal Right that Belongs to the Child
0:50 Factor 1: The Amount of Time Spent With the Child Equates to More Child Support
1:22 Factor 2: The Income of Each Parent and their Ability to Contribute
1:36 Other Factors: Child Care and Health Insurance
2:01 Parents are not Legally Required to Show How Child Support is Spent
2:31 Outro

Transcript:
The law considers that the right to child support is a legal right that actually belongs to the child. Therefore, neither parent can waive child support, even if they wanted to. So, whenever there is a divorce case or a paternity case involving minor children, judges are required to make extra sure that the calculation for child support is made correctly in every case.

The calculation for child support starts with the amount of overnight time-sharing that each parent has with the child. The idea is that the more time the parent spends with the child the more expenses that parent is likely to incur for the benefit of the child, such as meals, school supplies, diapers, medicine, etc. You get the idea. The other parent, in theory, should help contribute to these expenses. So, the more time one parent spends with the child, the more child support he or she may receive for the child. Conversely, the more time one parent spends with the child, the less child support that parent would have to pay for the child.

The second consideration is the amount of income each of the parents earns and their ability to contribute towards the child support. Just keep in mind that when it comes to calculating child support there could be other factors that come into play, such as whether one of the parents is paying for childcare, and/or health insurance for the child.

Finally, the person paying child support often asks if it's possible to restrict how the other parent spends the child support payments, such as compelling or making sure receipts are provided, or invoices, or some other proof of payments to prove that the funds are being used exclusively for the child. However, there is no legal requirement that forces the parent to provide this information if he or she refuses to do so.