Child Support
Child Support
Clear guidance on establishing, calculating, and modifying child support obligations under Florida law.
A framework that follows the child, not the dispute.
Child support exists for a single purpose — to allow a child's life to continue with as much continuity as possible after a separation. Florida treats it as a right belonging to the child, not a bargaining chip belonging to the parents, which is why the formula is set by statute and the court reviews every order before it is entered.
That orientation matters. It changes the nature of the conversation from negotiation to accurate calculation, and it focuses the work of counsel on the inputs: income, overnights, healthcare premiums, childcare costs, and the handful of statutory adjustments that make a meaningful difference.
How the guidelines actually work.
Section 61.30 sets the income shares model that drives Florida child support. Each parent's net income is determined, combined into a household figure, and apportioned against a statutory schedule that reflects the cost of raising children at that income level. The result is then divided between the parents in proportion to their income.
The overnight schedule then adjusts the obligation. When a parent has at least twenty percent of the overnights, the formula shifts to account for the additional cost of maintaining a second household. Healthcare premiums and work-related childcare are added on top, divided in the same proportion. Done correctly, the guidelines yield a defensible number; done sloppily, they invite years of correction.
Getting it right the first time matters.
Most support orders are entered as part of a divorce or paternity case, but they can also be established independently when parents are unmarried or living apart without a pending dissolution. In every case, the court requires a sworn financial affidavit from each parent, supported by tax returns, pay records, and documentation of any self-employment or business income.
Errors at this stage are expensive to correct. Income that is understated, overlooked premiums, or an inaccurate overnight count can shape years of payments. The firm prepares the underlying documentation with the same rigor it brings to litigation — because the affidavit is the litigation, in most child-support cases.
When the order no longer fits the family.
Florida permits modification of a support order when there has been a substantial change in circumstances — typically a change of fifteen percent or fifty dollars per month, whichever is greater — that is involuntary, permanent, and not anticipated by the original order. A new job, a meaningful change in the time-sharing schedule, or a shift in the child's healthcare needs can all qualify.
Timing matters. Modifications are generally retroactive only to the date the petition is filed, not the date circumstances changed. A parent waiting to see whether a change will become permanent can lose months of relief simply by delay.
Child support is not a negotiation between parents. It is a guideline calculation done correctly, then administered with discipline.
When an order is not being honored.
When support goes unpaid, the court has substantial tools at its disposal — income deduction orders, license suspension, interception of tax refunds, and, in serious cases, civil contempt. The firm uses these tools with proportion, recognizing that aggressive enforcement is sometimes necessary and sometimes counterproductive.
Where possible, the firm prefers a structured, documented payment plan that resolves the arrears without further litigation. Where that is not possible, it pursues the statutory remedies with discipline and clarity.
Establish, enforce, or revisit — with steady counsel.
Whether you are setting up child support for the first time, asking the court to enforce an order that is being ignored, or seeking to modify terms that no longer reflect your family's reality, the right starting point is a clear-eyed conversation about what the law actually allows.
Initial consultations are confidential and conducted personally by Gabrielle. You will leave with an accurate sense of where you stand under the guidelines, what realistic outcomes look like, and what the next steps could be.