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Your Question Directly to An Attorney
When does monthly child support end in Florida?
In Florida, the child support obligation continues until the child has reached the age of eighteen, died, married, or become otherwise emancipated, except that if the child is between the ages of 18 and 19 and is still in high school, child support is paid until he graduates from high school or attains the age of 19, whichever first occurs. There is also some recent case law that states that even if the child has attained the age of 19, if he has not graduated from high school AND if this is because the parents mutually agreed to hold the child back a year or two in school AND if this is why he has not graduated from high school (not through some truancy or delinquency of his own), then child support can continue past the age of 19 and until graduation. Additionally, if there is a child who has a severe mental or physical disability such that they may never become self supporting, child support can continue past the age of 18.
In order for a child support obligation to continue past the age of 18, a Petition or Motion for continued support must be filed prior to the child attaining his 18th birthday based on one of the foregoing permissible grounds for same. Obviously, the courts and/or the Department of Revenue have no way of knowing when your child will graduate from high school. However, if the Order that establishes your child support obligation specifically states a date through which the obligation will continue that includes this additional period past the child attaining 18 years of age, then a Petition or Motion for continued support shouldn't need to be filed.
When am I entitled to a modification of child support?
The short answer is: You are entitled to a child support modification any time that there has been a substantial change in circumstances that warrants a modification of the current child support order.
If it has been three years or more since the current order was entered or last reviewed for modification and it is a Department of Revenue case, then you may be entitled to an automatic review (you have to request one). However, the amount will only change if, based on your and the other party’s current financial circumstances, the "new" guidelines amount is at least 10% or $25 per month (whichever is greater) different than the previously ordered child support amount.
If it has been less than three years since the current order was entered or last reviewed for modification, the order can still be modified if there has been a substantial change in circumstances. To be statutorily defined as a "substantial change in circumstances", the "new" guidelines amount (based on current financials and other information) must be at least 15% or $50 per month (whichever is greater) different than the previously ordered child support obligation.
There are many circumstances which can create a “substantial change in circumstances" that warrant a modification of ongoing child support. These include, but are not limited to, child care costs significantly changing, health insurance costs significantly changing, extended unemployment or a change in employment, substantially reduced or increased income, the emancipation of one of the minor children, a significant change in the timesharing or visitation arrangement and the failure of one party to regularly exercise previously ordered timesharing that affected their child support obligation, to just name a few. If you think you may be entitled to or need a modification of your currently ordered child support, contact my office and schedule a free, initial telephone consultation. We can run "rough numbers" over the telephone in order to determine whether you may, in fact, be entitled to a modification of your currently ordered monthly child support obligation.
I have one child that is turning 18 and my current child support is for more than one child. Will it automatically change? Or can I just reduce the monthly payment?
Unless the current Order establishing your ongoing child support obligation specifically delineates between the children and the amount of child support that is to be paid, with specific dates stating when the amount changes, No, it will not. Your monthly child support obligation will not automatically change. And if you unilaterally reduce the monthly payment, you will be creating a child support arrearage for yourself and could possibly end up in contempt of court for failing to comply with a Court Order. Even if the parties agree to reduce the child support, something MUST be filed with the courts and ratified by a Court Order for the ongoing child support amount to be changed.
I can’t tell you how many times someone has contacted me for advice because one of their minor children emancipated (reached the age of 18 and graduated high school) and the parties had “agreed” to a lesser amount that was never ratified by a Court Order, only to now find out that they have thousands of dollars in child support arrears! And these arrears will ONLY go away if the other party admits to having agreed to the lesser amount AND the Court approves that agreement (which is up to their discretion, provided it meets with the Florida Child Support Guidelines). Therefore, it is of tantamount importance that if one of your children is emancipating and you are entitled to a modification of your ongoing child support obligation, you either file a Supplemental Petition for Modification of Child Support prior to the change occurring or, if the parties can agree, file a Joint Stipulation for Modification of Child Support. Until and ONLY when the Court modifies the child support obligation, will the child support obligation change.
How is child support determined?
Child support is calculated through use of the Florida Child Support Guidelines. It is based on the combined net incomes of the mother and father, and also typically includes in the calculation the cost of child care and medical insurance for the minor child(ren). Many factors can affect the proper calculation of child support, including who claims the minor child as a dependent for income tax purposes, whether someone is voluntarily unemployed or underemployed, and the timesharing (visitation) that each party has with the minor child(ren). This last factor, the timesharing, frequently can have a significant impact on the child support that is exchanged. While there are some on-line sources for calculating child support, these are not always entirely accurate, and your ultimate child support obligation that is determined through the Courts may be substantially different. Therefore, it is best to consult with an experienced Family Law attorney before agreeing to a child support obligation. If you agree in writing to an amount that is higher or different than the proper amount (as determined by the Florida Child Support Guidelines), you may not be able to change it later, even if you want to.
If you are facing a situation wherein you think you will or may have an obligation to pay child support, please feel free to contact my office and schedule a free, initial telephone consultation. We can run “rough numbers” over the telephone in order to determine approximately what your monthly child support obligation should be, as well as discuss the various factors that affect that determination.
I have one child that turned 18 and graduated from high school a while ago, but I never modified my child support and my current child support is for more than one child. Will the child support modification retroact to the date that the eldest child emancipated?
In most circumstances, No, Child Support modifications typically only retroact to the date that a Supplemental Petition or Joint Stipulation for Modification is filed. Therefore, it is of tantamount importance that if one of your children is emancipating and you are entitled to a modification of your ongoing child support obligation, you either file a Supplemental Petition for Modification of Child Support prior to the change occurring or, if the parties can agree, file a Joint Stipulation for Modification of Child Support based on the substantial change.
I am getting remarried, and my new spouse has a good job with a significant income. Will my new spouse's income be considered in calculating my child support obligation? Can getting remarried cause my child support obligation to go up?
In nearly all circumstances, the answer to this question is - No, your spouse's income will not affect your child support obligation. However, if your spouse earns a significant income and, as a result, you voluntarily quit your job or reduce your hours, then the court can impute income to you at the level that you are capable of earning, not the level that you are actually earning. On the other hand, if you lose your job through no fault of your own and are struggling to find work or are forced to take work at a significant reduction, the fact that your new spouse is still earning a good income will have no impact on you applying for a reduction of your child support obligation based on the substantial change in circumstances. Child support is the obligation of the biological parents of the child and is calculated on their combined incomes, NOT the combined incomes of the parents and their spouses.
Your Question Directly to An Attorney
Your Question Directly to An Attorney