Florida child support starts with a court order that sets a monthly payment amount, and the state handles collection through the Department of Revenue

In Florida, child support is a legal obligation enforced by the state. A parent owing support (the obligor) pays the other parent or guardian (the obligee) a set amount each month. The Florida Department of Revenue, Child Support Program collects most payments and tracks compliance. The amount owed is determined by a court order, which can come from a divorce, paternity case, or a separate child support action. Florida law requires both parents to share the cost of raising a child based on their income and the amount of time each parent spends with the child.

The process begins when one parent files a petition in family court. The court uses Florida's child support guidelines — a formula based on both parents' gross monthly income and the number of overnights each parent has with the child — to calculate the base amount. The judge can order more or less than the guideline amount if there are special circumstances, such as one parent earning significantly more, a child with special needs, or substantial travel costs to visit the other parent.

Key Takeaways

  • Florida courts use a formula based on both parents' income and parenting time to calculate child support, and the amount is set in a written court order.
  • The Florida Department of Revenue collects payments through an automatic wage deduction from the obligor's paycheck unless the court orders a different arrangement.
  • If a parent falls behind on payments, the state can intercept tax refunds, suspend licenses, and report the debt to credit bureaus.
  • Either parent can ask the court to change the support amount if income or custody changes significantly, but the change is not automatic.
  • Child support continues until the child turns 18, graduates high school, or reaches age 19, whichever happens first, unless the child is still in high school at 18.

How the court calculates the monthly amount

Florida's child support guidelines use a two-step process. First, the court adds both parents' gross monthly income — wages, self-employment income, bonuses, rental income, and other sources — to find the combined parental income. Second, the court applies a percentage based on the number of children: 5 percent for one child, 7.5 percent for two, 10 percent for three, 12.5 percent for four, and 15 percent for five or more. This gives the base child support amount.

The base amount is then divided between the parents based on their share of the combined income. For example, if the combined income is $5,000 per month and the base support is 5 percent ($250), and one parent earns 60 percent of that income, that parent would owe 60 percent of the base ($150 per month). However, the court also considers parenting time — how many overnights each parent has with the child per year. If one parent has the child more than 40 percent of the time, the support calculation adjusts downward for that parent.

The court can order a different amount if the guideline amount is unjust or inappropriate. Reasons include one parent earning far more than the other, a child with significant medical or educational expenses, the obligor having other children to support, or travel costs that are substantial and necessary.

How payments are collected and enforced

Once the court issues a child support order, the obligor's employer receives an income withholding order from the Florida Department of Revenue. The employer deducts the child support amount from the obligor's paycheck and sends it to the state's collection agency. This is the default method and happens automatically unless the court orders otherwise — for example, if the obligor is self-employed or the court finds that withholding would cause undue hardship.

Payments go to the Florida Department of Revenue's centralized collection unit, which records the payment, takes its processing fee (usually a small percentage), and forwards the money to the obligee or to the obligee's bank account if direct deposit is set up. The obligee can track payments through the state's online system or by calling the Department of Revenue.

If an obligor falls behind, Florida has several enforcement tools. The state can intercept federal and state tax refunds, suspend the obligor's driver's license and professional licenses, report the debt to credit bureaus, place a lien on property, and in cases of willful non-payment, pursue contempt of court charges that can result in jail time. The obligor is responsible for notifying the court if circumstances change — the court does not automatically adjust the order.

When and how to request a change to the support order

Either parent can ask the court to change the child support amount if there has been a substantial and material change in circumstances. This means the change must be significant and not temporary. Examples include a job loss or new job with different income, a major change in parenting time, a child's special needs that require expensive care, or one parent's income increasing or decreasing by 10 percent or more.

To request a modification, the parent files a petition with the family court in the county where the original order was issued. The petition must explain the change in circumstances and include recent pay stubs, tax returns, or other proof of income. The court then schedules a hearing. If both parents agree on the new amount, they can submit a written agreement to the judge, which usually speeds up the process. If they disagree, the judge holds a hearing and decides whether to change the amount and by how much.

A modification is not automatic, even if circumstances have changed. The obligor must file the petition; the obligee will not do it on the obligor's behalf. If an obligor's income drops but they do not file for modification, they remain responsible for the original amount until the court changes it.

What happens when a child turns 18 or graduates high school

In Florida, child support ends when the child turns 18, unless the child is still enrolled in high school. If a child is still in high school at age 18, support continues until the child graduates or turns 19, whichever comes first. The obligor is not required to pay for college or post-secondary education unless the original court order specifically includes that obligation.

The obligor should notify the court or the Florida Department of Revenue when the child reaches the age of termination or graduates. The state does not automatically stop collecting payments; the obligor or obligee must report the change. If payments continue after the child is no longer may have access to to support, the obligor can file a petition to have the overpayment credited or refunded, though this process varies by case.

Income sources the court counts and does not count

Florida courts count most sources of income when calculating child support. This includes W-2 wages, self-employment income, bonuses, commissions, rental income, investment income, retirement income, and income from a second job. The court also counts benefits such as unemployment compensation and workers' compensation, though Social Security benefits received by the child are not counted as parental income.

The court does not count means-tested public benefits such as Temporary information for Needy Families (TANF) or Supplemental Security Income (SSI) as income. However, if a parent is voluntarily unemployed or underemployed — meaning they could earn more but choose not to — the court may assign them an income based on their earning capacity rather than their actual income.

Frequently Asked Questions

Can child support be enforced if the obligor moves out of Florida?

Yes. Florida is part of the Uniform Interstate Family Support Act (UIFSA), which allows the state to enforce child support orders across state lines. The obligee can ask the Florida Department of Revenue to pursue enforcement in the other state, or the obligee can file a case in the other state's court. The obligor cannot escape the obligation by moving.

What if the obligor loses their job?

The obligor remains legally responsible for the full amount until the court changes the order. However, if the job loss is involuntary and the obligor cannot find work at the same income level, they can file a petition to modify the support amount. The obligor should file this petition promptly; waiting months to file does not excuse unpaid support that accumulated during that time.

Can child support be waived or forgiven?

Only the court can waive or reduce child support, not the obligee alone. Even if the obligee agrees to accept less or no payment, the obligor must file a petition with the court and get a judge's approval. An informal agreement between the parents is not legally binding and does not stop the state from enforcing the original order.

Does the obligor have to pay if they do not have custody or parenting time?

Yes. Child support is based on income and the number of children, not on whether the obligor sees the child. However, if the obligor has significant parenting time, the support amount is adjusted downward. If parenting time changes later, either parent can file to modify the order.

What records should I keep if I am paying child support?

Keep copies of all payment receipts, wage stubs showing the withholding, and any correspondence with the Florida Department of Revenue or the court. If you pay through the state system, you can print payment records from the online portal. These records protect you if there is a dispute about whether a payment was made.