Recently our state legislators passed significant changes to our child support statute. These changes will take effect on October 1, 2010. In Florida, child support is determined by Child Support Guidelines, which is based upon the net income of both parents. Pursuant to Florida Law, both parents have a financial obligation to minor children. Minor children are any children below the age of 18. Therefore, child support terminates upon the child's 18th birthday. If however, a child upon turning 18 has not yet graduated from high school and he is a full time student, then support can continue until graduation or his/her 19th birthday. This must however be stated in any agreement or final order of the court.
These are the changes which I believe are significant. Child support is based upon the net monthly income of both parents. Once the income is established a child support chart is used to determine the amount to be paid by each parent. Neither the parents, nor the Court can deviate from this required monthly amount, except in very limited circumstances. The most common deviation is what is commonly referred to as the -Gross Up- method. This results in a reduction in the monthly payment based upon the amount of overnights each parent exercises with the minor children. Currently, this -Gross Up- method can be used if the parent with the least amount of time with the children has at least 40% of the overnights. This -Gross Up- formula reduces the child support obligation of the -paying parent- based upon the theory that the more time you spend with the children, the more money you will have to pay directly out of your own pocket, and the less money the other parent actually needs. As of October 1, 2010; this formula will now apply to any parent exercising at least 20% of the overnights per month. This equates to a little more than 6 overnights per month. This will impact almost all divorce cases in the future.
The second substantial change does away with the 25% reduction in day care payments. Currently, the parent who does not pay day care directly has his/her share included in the monthly child support payment, minus a 25% reduction. This is to compensate the parent who does not actually pay the bill for his/her loss of a potential tax credit for day care. This 25% reduction has been eliminated as of October 1, 2010 and therefore contributions to day care will be based solely on percentages of income.
There are some additional changes which will impact certain cases in the future. I suggest that if you have any additional questions to call my office for additional information.
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