How Do I Get Child Support in Florida?

Children are expensive. Whether it’s money for braces, daycare, or medical bills that aren’t covered by health insurance, raising a child costs a lot of money. It’s even more challenging for a single parent who isn’t getting child support payments.

If you’ve recently divorced or separated from your children’s other parent, you’re probably dealing with child support issues. Even figuring out time-sharing with their other parent can be challenging.

The good news is that determining whether a person deserves child support in Florida is not difficult. The courts rely on the state’s child support guidelines to calculate the amount of child support the noncustodial parent (NCP) must pay. The courts will also use the Florida child support guidelines to determine if you’re entitled to child support in the first place.

Here, we’ll explain how to request child support in the State of Florida and how the Florida courts determine how much the custodial parent should receive from the NCP. If you still have questions about your child support case, visit FindLaw’s section on child custody and child support. You can also contact an experienced family law attorney for help.

What Does Child Support Cover in Florida?

Many people complain that their ex doesn’t use the child support payments they make for childcare and other related expenses. They argue that the custodial parent spends the money on themselves.

It doesn’t matter how you think your ex spends the child support you send. The courts award child support to the parent who has the children a majority of the time. Whether they pool all their money together or keep child support money separate is up to them.

When determining how much child support the NCP must pay, the courts consider the incomes of both parents and the time each parent spends with their children. The goal is to ensure that the child receives the same proportion of parental income after the divorce or separation as they got when their parents were together.

Getting Child Support in Florida

There are two ways to get child support in Florida. The route you take will depend on your particular situation.

Your two options are:

  1. Requesting child support as part of your divorce
  2. Filing a support petition in family court

The judge will review your petition and accompanying paperwork to determine how much child support, if any, the NCP should pay. Once the clerk of court enters your information into the child support program, they will determine the NCP’s child support obligation.

If the judge agrees that the number is fair and in line with the child support guidelines, they will issue a child support order. The courts treat this the same way they treat any court order. If the NCP refuses to make their payments in compliance with the order, the custodial parent can contact the state disbursement unit to help with child support enforcement.

The noncustodial parent makes payments through the Florida Department of Revenue.

How To Get Child Support in Florida: The Basics

If you're working hard just to put food on the table, you probably have neither the time nor inclination to decipher legalese. We believe in making the law accessible to everyone, so we've summarized Florida law on child support in the chart below.

Statute

Florida Statutes, Civil Practice and Procedure § 61.29, et seq.

How to file a child support petition
  1. Fill out the Child Support Guidelines Worksheet and your Financial Affidavit (if you know the other party's income). If you don’t know how much the other parent earns, wait for them to submit their financial affidavit to the court. Then, using the information they disclose on their affidavit, fill out the “Child Support Guidelines Worksheet” and submit it to the court.

  2. File the forms with the Clerk of the Circuit Court (make copies for yourself). If you have a family law attorney handling your case, they will file these papers for you.

  3. Serve a copy of your Child Support Guidelines Worksheet on the other party.

  4. The court will order child support based on the parent’s gross income and the number of children the parties share. It will then allocate each parent’s contribution toward the care of the children. The party whose contribution is higher will have to pay child support to the other parent.

If you want to keep your address confidential because of domestic violence, do not enter this information on your paperwork. Instead, file a Request for Confidential Filing of Address form.

Need to modify a support order?

If you have experienced a substantial change in income or circumstances, you may file a Supplemental Petition for Modification of Child Support with the court.

Need to establish paternity?

If the father has already acknowledged paternity, you can proceed with your petition for support (see the form below). Otherwise, you must establish paternity by filing a Petition to Determine Paternity and for Related Relief.

Child support forms

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state laws.

Get Professional Help With Your Florida Child Support Claim

If you're seeking child support, you know that time is of the essence and that caring for kids is not cheap. While the prospect of hiring an attorney may cause financial anxiety, it's often in your best interests to do so.

If you need legal help with your child support claim, contact an experienced Florida child support attorney today.

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