The calculation of child support payable by one parent to the other can be extremely difficult.

There have been many changes to the manner in which the child support payable by one parent to the other is calculated in Florida.  The trend has been to infuse a greater degree of “reality” into the formulation.  In the 1980’s child support was a number determined by each judge independently in each case, without benefit of a definitive guideline.  It was based on the judge’s opinion of need and ability to pay.  Many times nearly identical cases had totally differing amounts of support ordered.

Over the past 20 years the legislature, with the assistance of the Family Section of the Florida Bar has implemented a required “Guideline” which judges must follow, unless they feel like justifying a different amount, in writing.  The guidelines as published by Statute were capable of computation by computer program and a great deal of time and effort was spent to develop the “best” program.  Some judges used one and other judges a different one.  They all produced different results.  Rarely could you enter a courtroom and have agreement.  Typically the Wife’s attorney, the Husband’s attorney and the Judge all had different amounts for child support.  Then it got really complicated.  The legislature decided that if one parent had 40% or more of overnights with the child, then their child support would be drastically reduced.  This resulted in “overnight” wars to either avoid or gather 40% or more of the overnight visitation between the parents.  Parents began to keep log books as to when the kids were with them and would refuse to allow the other parent to babysit if the 40% might be reached.

Within the past two years there has been another dramatic change to the calculation.  Now, if a parent has more than 20% of overnights the child support attributable to each parent starts to change rate based on overnights.  It is an altogether fairer system, but has had the effect of reducing the amount of money transferred overall between parties.  In other words – if mom has the kids 75% of the time she gets a higher figure than if she has the kids 65% of the time.  The problem that arises is that many times the paying parent who has the children 35% of the time pays a lot less but still pays – and is less likely to want to buy the children clothing or pay any additional for extras (sports, activities, etc.).  As always the children suffer.

 A very significant change effected by the new statute has to do with the adjustment of child support based on the amount of ‘overnights’ each parent has with a child. This new provision requires the adjustment of standard child support in every case in which the parent with fewer overnights has at least 20 percent or more of the total overnights. Thus, if a child spends more than 20 percent of nights with a parent who overall receives fewer overnights, a tiered structure kicks in to adjust the calculation of child support. Previously, that parent had to have at least 40 percent of overnights in order to obtain an adjustment. This change will usually benefit the parent who has fewer overnights.

If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.

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