Child Support in Sarasota
Child support is not optional in Florida. Both parents have a legal obligation to financially support their children, regardless of which parent the child lives with most of the time. The amount is determined by a formula, not by what seems fair to either parent.
At Bragg Family Law, we help parents in Sarasota establish, enforce, and modify child support orders. Whether you are going through a divorce, establishing paternity, or dealing with a former spouse who stopped paying, a Sarasota child support attorney can protect your rights and your children's financial security.
How Child Support Is Calculated in Florida
Florida uses specific guidelines under Florida Statutes Section 61.30 to calculate child support. The formula is based on:
- Each parent's net monthly income (gross income minus taxes, mandatory deductions, and prior support obligations)
- The number of children
- The number of overnight stays the child has with each parent
- Health insurance costs for the child
- Childcare costs (if both parents work or are in school)
- The child's extraordinary medical or educational needs
The court starts with the combined net income of both parents, determines the total support obligation from the guidelines chart, then divides that obligation between the parents based on their respective shares of the combined income. The parent with fewer overnights typically pays the difference to the other parent.
What Counts as Income for Child Support?
Florida law defines income broadly. It includes:
- Wages, salaries, and bonuses
- Commission and self-employment income
- Rental income
- Interest and investment income
- Pension and retirement income
- Workers' compensation and unemployment benefits
- Social Security disability benefits
- Reimbursed expenses in excess of $1,000 per month
Courts can also impute income to a parent who is voluntarily unemployed or underemployed. If you quit your job to avoid paying support, the court will calculate support based on what you could be earning.
Time-Sharing and Child Support
The number of overnights your child spends with you directly affects child support. Under Section 61.30(11)(b), if a parent has the child for 20% or more of overnights (roughly 73 nights per year), the calculation adjusts to account for the costs that parent incurs during their time-sharing.
If a parent has 40% or more of overnights (roughly 146 nights per year), a different calculation applies that further reduces the support obligation. This is why your time-sharing schedule matters for child support, not just for your relationship with your child.
Modifying Child Support
Child support orders can be modified when there is a substantial change in circumstances. Under Section 61.14, common reasons for modification include:
- Significant increase or decrease in either parent's income
- Job loss or change in employment
- Changes in the child's needs (medical, educational, childcare)
- Changes in the time-sharing schedule
- The child turning 18 or graduating high school
A modification is not automatic. You must file a supplemental petition with the court and prove the change is substantial, material, and unanticipated. See our order modifications page for more detail.
Enforcing Child Support Orders
If your ex is not paying court-ordered child support, you have enforcement options:
- Income deduction order - the support is automatically deducted from the paying parent's paycheck
- Driver's license suspension - the state can suspend licenses for non-payment
- Contempt of court - the court can hold the non-paying parent in contempt, which can include jail time
- Tax refund interception - the state can intercept state and federal tax refunds
- Lien on property - unpaid support can become a lien on real estate
When Does Child Support End in Florida?
Child support generally ends when the child turns 18. However, support can continue beyond 18 if the child is still in high school and expected to graduate before age 19. Support may also continue for a child who is dependent due to a mental or physical disability.
Frequently Asked Questions
How much is child support in Florida?
There is no fixed amount. Child support is calculated using the Florida child support guidelines, which consider both parents' net incomes, the number of overnights each parent has, health insurance costs, childcare costs, and the number of children. The court must follow the guidelines unless there is a justified reason to deviate.
Can child support be reduced if I lose my job?
Yes, but you must file a supplemental petition for modification. The court will not automatically reduce your support just because you lost your job. You need to show a substantial, material, and unanticipated change in circumstances. Do not wait to file, because support continues to accrue at the old rate until the court orders a change.
What if my ex is not paying child support?
You can enforce the order through income deduction, driver's license suspension, contempt of court, tax refund interception, or property liens. A child support attorney can help you choose the right enforcement method and file the necessary paperwork.
Does child support cover extracurricular activities?
Basic child support covers food, housing, clothing, and transportation. Extracurricular activities, summer camps, and private school may require additional agreements or court orders. If your divorce decree or parenting plan does not address these costs, you may need to negotiate or modify the order.
Speak With a Sarasota Child Support Attorney
Whether you need to establish, modify, or enforce child support, we can help. Call us at (941) 893-1555 or schedule a free consultation.