When couples go through a separation or divorce or when parents are unmarried, one of the most critical concerns is the financial well-being of the children. Child support ensures children have the resources they need to thrive.
At Melone Hatley, P.C., our Tampa child support attorneys are here to provide comprehensive legal counsel to help parents navigate Florida’s child support system. Whether you are requesting support, contesting it, seeking enforcement, or requesting a modification, we are committed to protecting your rights and your children’s best interests with personalized representation and results-driven strategies.
Understanding Child Support in Tampa, Florida
Under Florida law, both parents are legally obligated to financially provide for their children, regardless of their marital status. Consequently, child support is the court-ordered payment that one parent makes to the other to help cover the financial costs of raising their child.
Child support payments are intended to cover children’s essential needs, such as
- Housing and utilities
- Food and clothing
- Medical care and insurance
- Educational expenses and childcare
Monthly child support payments ensure that a child’s standard of living remains stable when parents don’t live together and that both parents fairly share the financial responsibility of raising them.
When Does Child Support Become a Legal Issue?
Child support can arise as a legal matter in a variety of family law contexts, including
- Divorce proceedings
Child support is a standard issue in all divorces involving minor children and is typically addressed in the final court order. - Separation
Even when the parties are not yet divorced, the court can issue a temporary child support order to ensure the child’s financial needs are met while the parents live apart. - Cases involving unmarried parents
When parents are unmarried, both parties are still responsible for financially caring for their children. Once paternity is established, the court applies the same statutory guidelines to determine each parent’s appropriate support obligation. - Failure to pay under a formal support order
If a parent has been ordered by the court to pay child support but fails to comply, the receiving parent can take legal action to enforce the order. - Parental disputes or informal arrangements
In cases where no formal order exists, and one parent is not contributing financially, the other parent may seek court intervention to establish enforceable child support terms. - Changes in circumstances
A significant change in income, job loss, medical issues, or a shift in parenting time may warrant a formal modification of an existing child support order to reflect the parents’ new reality.
At Melone Hatley, P.C., our Tampa child support attorneys provide experienced legal guidance, protecting parents’ rights and ensuring their children receive consistent, enforceable support.
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How is Child Support Calculated in Florida?
Florida courts use a standardized formula outlined in Florida Statutes § 61.30 to determine the amount of child support owed. This formula is based on the “income shares model,” which considers what the parents would have spent on the child if they lived together.
Factors used in calculating child support in Florida include
- Each parent’s monthly net income, including wages, bonuses, commissions, self-employment income, and other sources
- The number of children being supported
- The parenting time schedule, specifically how many overnight visits the child has with each parent
- Childcare expenses, such as daycare or after-school care
- Health insurance and uncovered medical costs
- Special needs or extraordinary expenses
Once the court establishes the total support obligation, it is divided proportionately between the parents based on their incomes. The parent who has less parenting time typically makes direct payments to the other parent to fulfill their share of the obligation.
When the Court Can Deviate from the Guidelines
Although Florida law provides a concise formula for child support, the court has the discretion to deviate from it if applying it would be unjust or inappropriate considering specific factors, such as
- A child’s extraordinary medical, psychological, or educational expenses
- Seasonal variations in one or both parents’ incomes
- The child’s independent income, such as that from a trust or inheritance
- A parent’s significant expenses related to time-sharing travel
- A substantial disparity in parents’ incomes that would cause financial hardship
- The special needs of a disabled child over the age of 18
- Any other circumstances that would make the guideline amount inequitable
When deviating, the court must explain the reasons for doing so in the written order.
How Custody Affects Child Support in Florida
In addition to income, expenses, and statutory factors, the custody arrangement and parenting time schedule play a critical role in determining the amount of child support and whether any deviation from the guidelines may be appropriate.
Florida’s child support formula considers the number of overnight stays each parent has with the child. If a parent has at least 20% of the overnights per year (73 or more), the court may apply a “substantial shared parenting” calculation. This version of the formula considers shared housing costs, duplicated expenses, and the economic impact of more equal parenting time.
While equal or near-equal time-sharing can reduce the paying parent’s obligation, the court may still order support if there is a significant income disparity or if one parent is contributing disproportionately to the child’s financial needs. In other cases, custody arrangements may be the reason courts choose to deviate from the standard calculation, particularly if travel expenses, scheduling imbalances, or other financial burdens affect one parent more than the other.
At Melone Hatley, P.C., our Tampa, Florida child support attorneys work closely with you to ensure that your custody and time-sharing arrangements are fully considered in the support determination, and that they fairly reflect your child’s best interests, your custody arrangements, and your financial capacity.
Can Florida Child Support Orders Change?
Child support orders are legally binding court orders, but Florida law recognizes that circumstances change over time. Consequently, either parent has the right to seek a modification of an existing child support order if there has been a substantial, material, and unanticipated change in circumstances.
Common situations that may justify a child support modification include:
- A significant change in income
If either parent experiences a significant increase or decrease in income, whether through job loss, promotion, business changes, or a disability, the court may agree to adjust the support amount accordingly. - A change in parenting time
If there has been a substantial shift in the time-sharing arrangement, such as a parent taking on more overnights, it may warrant a recalculation of support obligations. - New financial obligations
The birth of another child, changes in household size, or new medical obligations may impact a parent’s ability to pay support. - Changes in the child’s needs
Increases in healthcare costs, educational expenses, extracurricular activities, or special needs services can support a request for a modification of support.
Importantly, Florida courts generally require that the change in circumstances would result in a difference of at least 15% or $50, whichever is greater, between the current support amount and the new calculated amount before approving a modification. Until the court formally approves a modification, the existing child support order remains fully enforceable.
Enforcing Child Support Obligations
A parent failing to meet their child support obligations under a court order can place a significant financial burden on the custodial parent and directly affect the child’s well-being.
When child support payments are missed, the amount owed is considered arrears, accruing interest on the unpaid balance. Florida courts treat child support arrears as a judgment debt, and the law provides a range of enforcement tools to ensure that support payments are made in full and on time, including:
- Income withholding (wage garnishment)
- Tax refund intercepts
- Suspension of driver’s, professional, or recreational licenses
- Bank account garnishment and property liens
- Passport denial or revocation
- Contempt of court proceedings
Whether you are seeking to recover unpaid support or defending against enforcement in light of changed circumstances, the experienced Tampa child support attorneys at Melone Hatley, P.C. are here to represent you throughout the legal process.
Getting the Assistance of a Skilled Child Support Attorney in Tampa, Florida
If you are navigating a divorce or other family law matter, establishing fair child support obligations may be essential to ensuring your child’s well-being and your financial future. At Melone Hatley, P.C., our experienced child support attorneys are here to provide clear, strategic guidance and protect your rights. Schedule a free consultation online or call us at (813) 400 – 1602 to speak with one of our Client Services Coordinators.
