Child support is established in accordance with section 61.30, Florida Statutes (the child support guidelines).   Generally, a parent’s child support obligation is based primarily on both parents’ respective incomes and is calculated using a formula set out under section 61.30, F.S.    For example, let’s say Father takes home (net) $ 2,000 per month; and Mother takes homes (net) $ 2,000 per month, for a total combined available income of $ 4,000.00 per month.  If the parties have two children together, then the basic guideline support amount for the two children is: $ 1,288.00 per month, of which each party is responsible for 50% (both parents earn $ 2,000 each for a combined $ 4,000), or $ 644.00 per month.   This is the parents’ basic obligation for the support and maintenance of their children (and same is to be applied towards the children’s share of the living and household expenses such as rent/ mortgage, utilities, food, gas for the car, etc.).

What does “child support consist of?”  As explained above, child support includes the basic obligation of both parents towards the child’s (ren’s) living expenses.   I usually describe “child support” liking baking a cake . . . different ingredients go into the baking of a cake.  The first ingredient is the basic obligation.  Then, we add “health insurance” and uncovered or non-reimbursed expenses.  Generally, a parent’s share of the health insurance premiums for the child’s (ren’s) coverage is based on the guidelines.  For example, if the Father has a net monthly take home of $ 3,000 and the Mother has a net monthly of $ 2,000, then the Father’s share of the premiums and any uncovered expenses would be 60% ($ 3,000 divided by the combined $ 5,000, or 60%).   Another ingredient in the child support “cake” is: day and/ or after care.  If a parent has to work or is in school, and as a result the child(ren) has to be put into daycare, then both parents have to contribute towards this expense.  However, the total amount of the daycare (or aftercare) expense is first reduced by 25% (the parent receiving the Earned Income Credit pays is, in essence, responsible for the first 25%), and then the parents share the remaining 75% of this expense pursuant to their respective guideline share.  Some children may have special needs, which is yet another ingredient, so to speak, of child support.

What if a parent is unemployed.  Does he or she have to pay any child support?  How can you calculate his or her child support obligation if the parent is unemployed?   Both parents have a continuing obligation to support their child(ren).    This obligation does not go away if a parent becomes unemployed even if through no fault of his or her own.   If that parent receives benefits such as unemployment, then he or she must pay a percentage of the benefit towards support.  Further, the unemployed parent must undergo a diligent job search to find employment earning comparable pay to that level prior to being let go/ terminated.   Let’s say the Father is court ordered to pay $ 750.00 per month in child support for the care of the parties’ two minor children but then loses his job due to poor economic times.   The Father then pounds the pavement to find work through a variety of sources including job fairs, but is unable to find any emploment within 30 days and he has not yet received his first unemployment check.  The Father misses a child support payment.  Is he in contempt?  Maybe, he is technically in contempt because the Court ordered him to pay $ 750.00 and he paid nothing.  However, let’s assume arguendo that he did not voluntarily resign from his job;  he can prove he’s been looking for work;   he has not yet received his first unemployment check:  and he has no savings or liquid funds in which to pay any support.  If this be the case, I would argue fervently that my client is not willfully violating the court order of support. 

Imputing Income:   What if the Father, in the example above, decides to pursue his dream and opens up a business opportunity or takes a job making much less than he is capable of earning (according to the Mother).    After a period of time of opening up his business, the Father files for a downward modification of his child support because he is not making what he previously was earning.  Will he prevail?  In my opinion, without more facts, I would say no.   I would argue that the Father is voluntarily under- or unemployed and that his prior level of income should be “imputed” to him.  A court can impute income to a parent if he or she is voluntarily under- or unemployed.  Basically put, if the voluntarily under-employed/ unemployed parent is earning $ 20,000 per year but was recently earning $ 60,000 per year, then the court may calculate that parent’s child support obligation as if he were earning $ 60,000 per year.    In order to impute income, the other parent must prove up the under-employed (or unemployed) parent’s recent work history and earnings, qualifications and credentials and the availability of jobs at that earning level in the local community.

If you have any questions, please reply and inquire.  Every case is unique and dependent on it’s own particulars.  The foregoing is NOT intended as legal advice.

Florida Law does provide for situations involving Parental Relocation (of a “parent” with his or her child(ren)). 

First, one must determine if he or she is a “parent” entitled to time sharing with the Child.  Generally, if a child is born to an intact marriage, then the Wife and Husband are the legal parents of that Child.  If a child is born out-of-wedlock (Mother not married to Father), then the Mother is the natural guardian of the Child and, if the Father signs the child’s birth certificate, then he, too, is a legal parent.   Next, a determination has to be made whether the relocating parent is entitled to time sharing with the Child.  Let’s assume the Father signed the child’s birth certificate and is then afforded temporary time sharing with the Child pursuant to a court order.    Most of the overnights are between Mother and Child.  After the court order is entered, the Mother then serves upon the Father a Notice Of Intent To Relocate With A Child.   Accordingly, the Mother wants to move out-of-state with the parties’ child so she can be closer with her family, who will be able to financially assist her and share in daily child care.    What happens?

The Mother’s Notice must comply with the statutory requirements of section 61.13001(3), Florida Statutes.   The Notice must set forth certain matter including: (1)  a description of the location of the intended new residence, including the physical address, city and state; (2)  the mailing address if different then the physcial address; (3)  the home telephone number of the intended new residence, if known; (4)  the date of the intended move or proposed relocation; (5)  a detailed statement of the specific reasons for the proposed relocation, inlcuding as an attachment, any job offers reduced to writing;  and (6)  a proposal for the revised postrelocation schedule or time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate the proposed time-sharing.  The Wife will also need to include the prescribed statement setting forth the Father’s right to object. 

If the Father objects, he must do so in writing, verified, and serve same within 30 days after service of the Mother’s Notice.  The objection must set forth a specific factual basis supporting his request to prohibit the relocation of the Child, including a statement of the amount of participation or involvement the Father currently has or has had with his child.  Section 61.13001(5), Florida Statutes.  

Upon objecting, the Mother will then have the initial burden of proving that the relocation is in the child’s best interests.  Since the current order is “temporary”, then a case is pending.   The Mother would then need to move the Court for permission to relocate.  If the prior court proceeding was concluded (and a Final Judgment was entered setting forth the time sharing arrangement), then the Mother will need to initiate a post-judgment proceeding seeking permission to relocate with the Child.   A hearing on the Mother’s request will be afforded priority on the Court’s calendar.

At a hearing, the Court will evaluate a series of factors in reaching a conclusion on the relocation request.  Let’s assume the Father has been exercising regular time sharing with the child pursuant to the court’s order; that the Father is current with his child support obligation or in substantial compliance; the Mother will be earning just as much at the intended destination as she is able to do here; and neither parent is able to afford the costs of transportation.  If this is the case, then the Court may consider denying the request even though the Mother has family to assist her.  On the other hand, if the relocation “will enhance the general quality of life for both the parent seeking the relocation and the child”, then the Court may consider such a request.  Section 61.13001(7), Florida Statutes.  In this event, the Court may order contact with the child and nonrelocating parent to include time sharing “sufficient to ensure that the child has frequent, continuing, and meaningful contact . . . with the nonrelocating parent”.  Section 61.13001(9), Florida Statutes.

THE FOREGOING IS NOT INTENDED AS LEGAL ADVICE.  If you have any questions or are in need of legal advice, then please feel free to reply to this posting and/ or contact my Office at 727/ 895-5858 for additional information.

Effective October 1, 2008, Florida Law no longer provides that either parent or both may be designated as the “primary residential” parent (custodian) and the other parent as the “secondary residential”.   If the parties cannot agree, then the Court will establish a “parenting plan” which will set forth a “time sharing arrangement”.  Each case is unique and the amount of time each parent spends with his or her child(ren) may be tailored to fit their particular situation.  For example, parent “A” may have each consecutive Monday and Tuesday overnights; and parent “B” would have each consecutive Wednesday and Thursday overnights; and the parties would then alternate weekends (Friday, Saturday and Sunday overnights).  This would be an example of “equal” time sharing (each parent has 7 overnights per two weeks).

The question is whether the amount of time one parent spends with his or her child(ren) impacts the amount of child support?  Yes.  This aspect of Florida Law has not been changed.  Let’s say parent “B” in the example above has at least 40% of the overnights throughout the year, then his/ her child support obligation would be reduced.  This is called “substantial” parenting time.   Section 61.30, Florida Statutes provides for this reduction in “B’s” child support obligation.

Although neither parent is to be designated as the “primary residential” parent, parents still have disputes over  ”time sharing” because of the impact on child support (among other possible reasons).  Let’s say the parties have been living separate and apart for several months and, during this time, “B” rarely exercised any time sharing with his/ her child(ren).  Assume further that “A” has not concealed the child’s location and has even encouraged “B” to spend time, including overnights, with the child.  Now, “A” files for child support.  In turn, “B” counters with his/ her own petition for the establishment of a parenting plan to include EQUAL time sharing.  One could argue that “B” is fully aware of the impact “substantial” parenting time has on his/ her child support obligation and is, therefore, now asking for additional time with the child.  “A” may consider raising the argument that “B” should have limited overnights with the child so as not to disrupt the child’s routine and that the time sharing should be more reflective of “B’s” historical involvement (or the lack thereof) with the child.

Again, each case is unique.  Parents should try to find some common ground when discussing the terms of their parenting plan.  The concern is always the “best interests” of the child!

Here is a basic Florida parenting plan and a supervised parenting plan.

Question:   What is a parenting plan?  I was told that there was a change in Florida regarding custody and visitation.  I am asking because my Husband and I are getting a divorce and we have two minor children.  My Husband moved out a couple of months ago and has only seen the kids a few times since then.  During our marriage, I was the parent who pretty much took care of my children’s needs like going to doctor appointments, school meetings, and extracurricular activities.  Now, my Husband got himself an attorney and is demanding that the children stay with him during the school week plus weekends, kind of on a 50-50 basis.  Do I have to do this under the new parenting plan law?  Can you give me some information on this?

Answer:    Florida no longer recognizes the terms “custody”, “primary residence” and “visitation”.  We now require the parties to have a parenting plan.   Parenting Plans are very specific and detailed.  For example, the Plan will set out the child’s current school information, including any day or after care programs, tutoring or other special needs; what third persons may be involved with the children such as day care providers; and whether both or one parent will make certain decisions (such as health, education, religion or extracurriculars).  The Plan will also set out specific “time sharing” arrangements during the school year;  specific holidays and/ or the summer.  If the parents are having difficulty in communicating with each other regarding their children, then the Plan will provide for the parents to communicate by email or other electronic means.    Florida law still has child support guidelines which permit a deviation if one parent is exercising “substantial” time sharing with the child(ren) (more than 40% of the overnights).    Your Husband may be seeking additional parenting time with the children to reduce his child support obligation.  Although courts prefer for the parents to establish their own parenting plans including time sharing arrangements, sometimes the courts may need to intervene.  If your Husband has not historically been actively involved in your children’s lives even though he may be a good person, then I would argue that the parenting plan should provide your Husband with access to the children but not one which would not disrupt their school and daily schedules.  We can always address equal time sharing during the Holidays and perhaps summer.    As a rule, do not enter into any agreement, including a parenting plan, until you have spoken with an attorney.

Here is a basic Florida parenting plan and a supervised parenting plan.