Child support is one of the most critical aspects of family law in Florida, as it directly affects the well-being and stability of children whose parents are no longer together. Whether parents are in the midst of a divorce, have never been married, or are dealing with changes years after an initial child support order has been established, the legal and financial stakes can be high. In Orlando and surrounding communities throughout Central Florida, courts take child support orders seriously because these orders are designed to protect children’s best interests. At Adams, Luka, & Benton, P.A., we understand the complexities, nuances, and emotional weight of child support matters. Our family attorneys for issues involving children will guide you through every step of the process in a compassionate yet proactive manner, ensuring you know your rights, obligations, and legal options.
What Are the Child Support Laws in Florida?Florida’s child support laws are built around a desire to provide financial stability for children when parents are no longer in a relationship. Whether parents share custody, engage in a timesharing arrangement, or have a sole custodial parent, the state wants to ensure that all children have the necessary resources. In most child support cases, courts use the Florida Child Support Guidelines, which are set out in Florida Statute 61.30. These guidelines rely on a mathematical formula that factors parents’ net monthly incomes, certain allowable deductions, health care expenses, childcare costs, and the number of overnights each parent spends with the child. Courts typically adhere to these guidelines, although judges can deviate under exceptional circumstances if it is in the child’s best interest.
Common Factors Impacting Child Support AmountsMany parents believe that a single variable—usually income—decides how much one party will pay. While income can be a primary factor, the reality is more complex. The formula looks at net income, which is calculated by subtracting specific expenses like federal taxes, mandatory union dues, and health insurance premiums from gross income. Each parent’s proportionate share of combined income factors into the final calculation.
The child’s needs can also alter the amount of support paid. If a child has special medical or educational needs, requires ongoing therapy or treatments, or attends a private school for particular reasons, a court may decide that the basic child support calculation does not adequately cover these expenses. If parents agree to other arrangements, such as sharing additional costs, the final child support figure may look different from what a simple guidelines worksheet suggests. An attorney who understands Florida’s legal framework can ensure that the child support order accurately reflects your child’s needs.
Why Hire a Child Support Attorney in OrlandoNavigating child support issues can be overwhelming. The forms alone can be confusing, and the stakes are high. If you are the parent expecting to receive support, you want to be sure the amount covers your child’s needs. If you are paying support, you want to know your rights and ensure fair calculation. A skilled child support attorney can help you in many ways, such as guiding you through the required documentation, helping you anticipate how the court might view your particular case, and negotiating on your behalf. Attorneys can also represent you if conflicts arise, such as disagreements about the accurate level of income, allowable deductions, or additional expenses.
When you choose Adams, Luka, & Benton, P.A., you have advocates who understand both the legal framework and the emotional complexities inherent in child support disputes. Our firm’s deep roots in Central Florida equip us to handle everything from routine child support cases to complex matters involving multiple sources of income, business valuations, or unusual parenting schedules. Whether you need help establishing a new order, modifying an existing one, or enforcing a court-ordered obligation, working with experienced counsel can spare you from the confusion and stress often accompanying child support conflicts.
Establishing Child Support in OrlandoEstablishing child support involves more than simply filling out worksheets. First, paternity must be confirmed when parents are unmarried. Even if the parents agree on the father's identity, a court order or legal acknowledgment of paternity may be required before a judge can address child support. Once paternity is confirmed, the court looks at both parties’ incomes, parenting plans, and additional factors and then applies the Florida Child Support Guidelines.
In some cases, parents believe it is simpler to handle child support issues privately without court intervention. While amicable agreements are commendable, it is still wise to have a formal arrangement approved by the court. A formal court order provides security: it can be enforced if either parent decides not to abide by the agreement. Without a legally binding contract, you run the risk that the other parent may stop paying or withhold support without legal repercussions. Working with an experienced attorney helps protect you and your child and can make the process more efficient and less prone to legal pitfalls.
Child Support Modification in FloridaLives change, and child support orders may need to change as well. Modifications to child support are necessary when there is a substantial change in circumstances. For instance, if the parent paying support involuntarily loses a job, suffers from a disability that reduces earning capacity, or experiences a prolonged illness, the existing child support order may no longer be feasible. On the other hand, the parent receiving support might have a significant income increase, thus potentially reducing the obligation of the paying parent.
A modification is not automatic. You must petition the court and demonstrate that the circumstances have changed significantly. A standard threshold shows a 15% or $50 difference (whichever is greater) between the current order and the amount the new guidelines would require. Another scenario that might warrant a modification is when a child’s needs decrease, such as starting school and no longer needing as much childcare. Additionally, if parenting time arrangements have shifted, and the child spends substantially more time with the paying parent, the court may recalculate support to reflect this change.
Enforcement of Child Support OrdersEnforcing child support orders is a critical issue for parents who rely on timely payments to cover a child’s necessities. When a parent fails to pay, the child suffers the consequences. Fortunately, Florida law provides several enforcement options. One method is income withholding, in which an employer is directed to withhold child support from the paying parent’s paycheck. If this measure fails, a judge may impose liens on property or bank accounts, suspend the delinquent parent’s driver’s license, or even hold that parent in contempt of court. Nonpayment can lead to jail time in severe situations, though judges typically explore civil remedies first.
Despite these legal avenues, enforcement can be complicated. Sometimes, the paying parent has moved out of state or intentionally hides assets. An experienced family law attorney can help you locate hidden income, petition the court for enforcement measures, and work with other jurisdictions to secure support. At Adams, Luka, & Benton, we have years of experience helping Orlando-area residents enforce child support orders through negotiation and, if necessary, aggressive court action.
How a Lawyer Can Help With Complex Child Support CasesWhile some child support matters follow relatively straightforward guidelines, others present unique challenges. A parent may own a business, receive income from investments, or earn money through commissions or bonuses. Determining net income can be significantly more challenging, as income may fluctuate or be more straightforward to conceal. This is where a lawyer’s investigative abilities and knowledge of financial accounting play a critical role. By gathering and reviewing tax returns, bank statements, business records, and employment contracts, a competent attorney can build a strong argument for a fair child support order.
Complexity can also arise if parents have a high net worth, multiple properties, or children with special needs. Child support in these instances may need to address costly medical treatments, specialized schooling, or ongoing therapy. Judges in Florida can deviate from guideline amounts to ensure that the support covers extraordinary expenses. A seasoned attorney can persuasively present evidence to show why a deviation is warranted or, conversely, why a proposed deviation is not in the child’s best interest.
Child Support and Other Family Law MattersChild support often accompanies other family law matters, such as divorce, paternity actions, and parenting plans. Working with a full-service family law firm can streamline the process of addressing all these interconnected issues at once. For instance, timesharing arrangements (or custody schedules) can significantly impact child support calculations since Florida’s guidelines account for the number of overnight visits with each parent. When you collaborate with a law firm that handles divorce, custody, alimony, and child support, you benefit from having a cohesive legal strategy that addresses every aspect of your family’s needs.
Why Compassion and Advocacy MatterChild support is not just a series of forms and formulas; it touches on the most personal aspects of a family’s life. Emotions often run high, and misunderstandings or miscommunications can quickly lead to friction. That is why you need an attorney who understands Florida’s child support laws and approaches these sensitive issues with empathy and professionalism. At Adams, Luka, & Benton, P.A., we aim to help Orlando and Central Florida parents find workable, fair resolutions that keep their children’s best interests at heart. We pride ourselves on respecting every client and providing transparent communication throughout the legal process.
Contact Adams, Luka, & Benton, P.A.If you are facing a child support dispute or need to establish or modify child support in Orlando or anywhere in Central Florida, contacting an experienced family law attorney should be your first step. We are prepared to assist if you have questions about the calculation process, potential deviations from the guidelines, enforcement options, or whether your circumstances qualify for a modification. Our firm combines a deep knowledge of Florida law with extensive litigation experience so you can feel confident that your case is receiving thorough and strategic attention.
We understand that every family’s situation is unique and that child support orders can mean the difference between a child thriving or struggling unnecessarily. No matter where you are in the process—filing for divorce, seeking enforcement, or looking to modify an existing order—we are ready to stand beside you, advocate for your interests, and work toward a solution that safeguards your child’s future.
At Adams, Luka, & Benton, P.A., we believe in personalized service and practical solutions. The stakes are too high to navigate Florida’s child support system without the support of a qualified lawyer. If you live in Orlando or the surrounding areas, seek legal guidance tailored to your circumstances. You deserve an advocate who will tirelessly protect your rights and ensure your children receive the support they need.
Call us today at 407-872-0303 or 352-357-4084, or fill out our online form.