When divorce settlements and judgments are calculated there is always a consideration of Child Support for the custodial parent and sometimes spousal support (Alimony) payments to the former spouse. Calculation for child support is done pursuant to Florida Statutes (Annotated; Chapter 61.30), however Alimony payments may or may not be awarded and are determined on a case-by-case basis.

 

Child & Spousal Support Attorneys You Can Rely On

Our experienced Jacksonville Family Law Attorneys will help you secure a financial arrangement that will help you and your family in the future, including:

  • Initial Child Support Judgment
  • Child Support Modification
  • Child Support beyond the age of Majority for Dependent Adult Children
  • Child Support Enforcement
  • Temporary or Bridge Alimony
  • Permanent Alimony
  • Rehabilitative Alimony
  • Lump Sum Alimony
  • Alimony modification

The Family Law Attorneys at Parra Harris Law have years of experience in dealing with Child Support and Alimony issues. We will work to make sure that you receive a fair and just settlement.

 

Child Support Calculation

The court may order either parent to pay child support during and after dissolution of marriage proceeding in an equitable amount, based on the nature and circumstances of the case. There are specific child support guidelines set out in Florida Statutes Annotated; Chapter 61.30.

There are several specific factors for adjusting child support:

  1. Extraordinary medical, psychological, educational, or dental expenses;
  2. Independent income of the child;
  3. The custodial parent receiving both child support and spousal support;
  4. Seasonal variations in a parent’s income or expenses;
  5. The age of the child, taking into consideration the greater needs of older children; 6. Any special needs of the family;
  6. The terms of any shared parental arrangement;
  7. The total assets of the parents and the child;
  8. The impact of any IRS Dependency Exemption; and
  9. Any other reason that should be considered in order to make the child support payments equitable.

Health insurance for the child and life insurance covering the life of the parent ordered to pay support may be required by the court. Child support payments may be ordered to be paid through a state depository. [Florida Statutes Annotated; Chapters 61.13 and 61.30].

 

Alimony Guidelines

The Circuit Court can order spousal support from one spouse to the other on a case-by-case basis as follows:

  1. The court may grant permanent or rehabilitative alimony to either party.
  2. The court will typically order periodic payments or payments in lump sum or a combination of both.
  3. The court may also consider marital fault, especially adultery when making an alimony award.

The court shall consider all relevant economic factors, including but not limited to:

  1. The standard of living established while married.
  2. The length of the marriage.
  3. The age and health of each party.
  4. The financial resources and assets of each party.
  5. When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
  6. The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career building of the other party.
  7. All sources of income available to either party.
  8. The court may consider any other factor necessary to do equity and justice between the parties. The court may order any spouse who is paying alimony to purchase or maintain a life insurance policy or bond, or to otherwise secure such alimony award should he or she predecease the obligated support period. (Florida Statutes – Chapters: 61.08)

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Child Support & Alimony FAQs Answered by Parra Harris Law

How is child support calculated in Jacksonville, Florida?

Florida calculates child support using a strict mathematical framework known as the Income Shares Model, governed by Section 61.30 of the Florida Statutes. The state operates on the principle that a child should receive the same proportion of parental income that they would have received if the parents lived in an intact, single household.

The calculation follows a specific sequence:

  • Determine Gross Income: Both parents must disclose all income streams—including wages, bonuses, business income, and commissions—under oath via a mandatory Family Law Financial Affidavit.
  • Calculate Net Income: Allowable statutory deductions (such as income taxes, mandatory retirement contributions, and health insurance premiums) are subtracted to find each parent’s net income.
  • Apply the Guidelines Schedule: The parents’ net incomes are combined and matched against the statutory table in Fla. Stat. S61.30(6) to find the basic monthly support obligation based on the number of children.
  • Divide Proportionately: The basic obligation is split between the parents based on their percentage share of the combined income.

Do I still have to pay child support if we share 50/50 custody?

Yes. A common misconception in Duval County is that equal time-sharing eliminates child support. In Florida, child support is tied directly to the income gap between parents, not just the division of time.

Under Fla. Stat. S61.30(11)(b). if a child spends at least 20% of annual overnights (73 or more nights per year) with each parent, the court must apply the “Gross-Up” method:

  • The baseline statutory support obligation is multiplied by 1.5 to account for the increased costs of maintaining two separate households.
  • The formula then cross-multiplies each parent’s financial obligation against the other parent’s percentage of overnights.
  • If Parent A earns significantly more than Parent B, Parent A will still pay monthly child support to Parent B, even in a precise 50/50 split, to ensure the child experiences a comparable standard of living in both homes.

Can a judge deviate from the standard child support formula?

Yes, but the court’s flexibility is strictly limited. Under Fla. Stat. S61.30(1)(a), a judge is permitted to vary the final child support amount by plus or minus 5% without needing an extensive justification.

To deviate by more than 5%, the court must issue specific written findings explaining why the standard guideline amount would be unjust or inappropriate. Common statutory deviation factors under Fla. Stat. S61.30(11) include:

  • Extraordinary medical, psychological, dental, or educational expenses for the child.
  • Special needs or costs associated with a child’s disability.
  • Seasonal variations in a parent’s income or expenses.
  • The independent income of the child (excluding SSI benefits).

How does Florida calculate child support for high-income earners?

For high-income families, the statutory guidelines schedule under Fla. Stat. S61.30(6) establishes a specific income ceiling. When a parents’ combined net monthly income exceeds the maximum baseline on the statutory chart (currently $10,000 per month), the standard formula changes.

For income above that threshold, the court applies a variable percentage based on the number of children:

  • 1 Child: 5% of the net income exceeding the schedule baseline.
  • 2 Children: 7.5% of the net income exceeding the schedule baseline.
  • 3 Children: 9.5% of the net income exceeding the schedule baseline.
  • Upward Deviations: The court retains discretion to award support exceeding these percentages, but the requesting party must present concrete evidence tying the requested amount to the child’s actual, reasonable lifestyle needs rather than just the parent’s ability to pay.

What happens if a parent refuses to pay court-ordered child support?

Failing to pay court-ordered child support triggers aggressive administrative and judicial enforcement mechanisms in Florida. Under Fla. Stat. 61.13016 and 322.058, missing payments can immediately jeopardize a non-compliant parent’s lifestyle and driving privileges.

Enforcement remedies available to local family courts and the Florida Department of Revenue include:

  • Driver’s License Suspension: If a parent is at least 15 days delinquent, the court depository or clerk will issue a notice of intent to suspend their driver’s license and motor vehicle registration.
  • Professional License Suspension: Florida can freeze professional, business, or recreational (hunting/fishing) permits.
  • Income Deduction Orders (IDO): Garnishing up to 50% to 60% of the obligor’s disposable income directly from their paycheck.
  • Contempt of Court: A judge can find a non-paying parent in willful contempt, which carries penalties including fines, asset seizure, or jail time for up to 179 days.

Is permanent alimony still allowed in Florida?

No. Permanent (lifetime) alimony has been completely eliminated in Florida. Following statutory overhauls to Section 61.08 of the Florida Statutes, Florida courts are no longer permitted to award indefinite spousal support in initial petitions.

Instead, Florida law recognizes only four distinct, time-limited forms of alimony designed to build a practical bridge toward post-divorce financial independence:

  1. Temporary Alimony: Awarded to support a spouse strictly during the pendency of the divorce litigation.
  2. Bridge-the-Gap Alimony: Designed to cover immediate, identifiable short-term transition needs. It is legally capped at a maximum of 2 years and cannot be modified.
  3. Rehabilitative Alimony: Awarded to fund a specific, written plan for education or vocational training to help a spouse become self-sufficient. Capped at 5 years.
  4. Durational Alimony: Regular economic assistance for a set period, which is now heavily restricted by the length of the marriage.

How long can durational alimony last under the current law?

The duration of spousal support is strictly capped based on mathematical percentages of how long your marriage lasted. Section 61.08 categorizes marriages into three distinct tiers:

Marriage Type

Length of Marriage

Maximum Alimony Duration

Short-Term

Less than 10 years

Capped at 50% of the marriage length

Moderate-Term

10 to 20 years

Capped at 60% of the marriage length

Long-Term

20 years or longer

Capped at 75% of the marriage length

The Income Cap Rule: In addition to these strict timeline limits, Florida law imposes a dual financial cap. Durational alimony cannot exceed the recipient’s reasonable economic need, or 35% of the difference between the parties’ net monthly incomes, whichever amount is lower.

Can alimony be modified or terminated if my ex moves in with a new partner?

Yes. Under Fla. Stat. S61.14, alimony is not automatically locked in place. While alimony terminates immediately if the receiving spouse remarries, it can also be reduced or completely terminated if the paying spouse can prove the recipient is engaged in a “supportive relationship.”

To successfully modify or terminate support on these grounds in a local family court, you must demonstrate that your ex-spouse has been cohabitating with a new partner and that they are operating as a single economic unit. The court will evaluate:

  • Whether they pool financial assets or share common living expenses.
  • Whether they have purchased real estate or assets together.
  • Whether they present themselves as a couple (such as using a common surname or sharing a household).
  • Whether they perform valuable services for each other or each other’s employers.

What happens to my alimony obligation when I retire?

Florida law provides a clear statutory framework for modifying or terminating spousal support upon retirement. Under Fla. Stat. S61.14, an alimony obligor who has reached normal retirement age can file a petition to adjust or end their payments.

  • Anticipatory Filing: You do not have to wait until you stop working. You can file a modification petition up to 6 months in advance of your planned retirement date.
  • The Two-Step Burden Test: First, the retiring spouse must prove by a preponderance of evidence that their retirement is reasonable, voluntary, and genuinely reduces their ability to pay. Once proven, the burden shifts to the recipient spouse to demonstrate why the alimony payments should not be altered or cut off.