Child Support Attorney in Miami, Florida

A Miami child support obligation stems from Florida’s codification of the moral and ethical duties that parents of a minor child carry the obligations to support, educate, and provide adequate food, clothing, and shelter to their children until those children reach the age of majority. Child support payments are specifically intended to further those ends.

Florida has codified these obligations primarily in § 61.29, Florida Statutes, which establishes that each parent has a fundamental obligation to support their minor or legally dependent children, and in § 61.30, Florida Statutes, which governs the income shares model used to calculate guideline child support amounts.

The consequences of willfully failing to pay court-ordered child support can be severe. Florida courts may enforce support obligations through contempt proceedings, license suspension, wage garnishment, and –  in cases of willful non-payment – criminal prosecution. A parent who knowingly fails to provide child support when financially able to do so can be charged with a felony of the third degree under § 827.06, Florida Statutes.


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How the Duty to Pay Child Support Arises

Under Florida law, the legal obligation to pay child support generally arises from one of the following:

  • Biological parentage: Establishing paternity under Chapter 742, Florida Statutes, creates an obligation of support.
  • Adoption: An adoptive parent assumes all parental duties, including the duty of financial support.
  • Marital presumption: A child born during a valid marriage is presumed to be the child of the husband.
  • Contractual obligation: Parties may agree to support obligations in marital settlement agreements, which courts then ratify and enforce.
  • Equitable estoppel: Florida courts can impose a support obligation on a non-biological, non-adoptive parent who voluntarily assumed a parental role.
“A man who raised a child from birth as his own, holding the child out as his own, may be equitably estopped from denying a child support obligation, even absent a biological relationship.”WADE V. WADE, 536 SO. 2D 1158, 1160 (FLA. 1ST DCA 1988)  The Wade v. Wade decision illustrates how broadly Florida family courts can interpret the duty of support. Where an individual voluntarily and completely assumed the role of parent, holding the child out as his own from birth until the child was nine years old, the court found that equitable estoppel prevented that individual from denying a support obligation – even though he was neither the biological nor the adoptive father of the child.

How Florida Calculates Child Support

Florida uses an income shares model under § 61.30, Florida Statutes. The guideline amount is based on the combined net income of both parents and the number of children to be supported. The court then apportions the obligation between the parents in proportion to their respective net incomes.

Key factors in the calculation include:

  • Each parent’s gross income from all sources (salary, business income, rental income, etc.)
  • Allowable deductions (taxes, health insurance premiums, mandatory retirement contributions)
  • Each parent’s time-sharing percentage – significant time-sharing adjustments apply when a parent exercises 20% or more of the overnights per year
  • Childcare costs attributable to employment or job-seeking
  • Children’s health insurance premiums and uncovered medical expenses

Courts may deviate from the guideline amount, upward or downward, when application of the guidelines would be unjust or inappropriate in a particular case. Deviation must be supported by written findings. See § 61.30(1)(a), Fla. Stat.


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Modification of a Child Support Order

A child support order may be modified when there has been a substantial change in circumstances that is material, involuntary, and permanent. Common grounds include a significant change in either parent’s income, a change in the child’s needs, or a substantial change in time-sharing. Under § 61.30(1)(b), Florida Statutes, a change in the guideline amount by 15% or $50 (whichever is greater) creates a rebuttable presumption of a substantial change in circumstances.

A parent experiencing genuine financial hardship should not simply stop paying –  doing so risks contempt, arrearage accumulation, and enforcement action. The correct course is to promptly file a Supplemental Petition for Modification.


Enforcement of a Child Support Order

Florida and federal law provide robust tools for enforcing child support orders, including:

  • Income deduction orders (wage garnishment)
  • Seizure of tax refunds and lottery winnings
  • Suspension of driver’s, professional, and recreational licenses
  • Passport denial
  • Civil and criminal contempt proceedings
  • Felony charges for willful non-payment (§ 827.06, Fla. Stat.)


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How We Can Help

Every child support matter is unique. Attorney Jeffrey Alan Aenlle represents clients on both sides of the spectrum:

  • Collecting parents: We pursue child support establishment, enforcement, and upward modification to ensure your children receive the financial support they are entitled to by law.
  • Paying parents: We assist parents who have experienced a change in financial circumstances and need a downward modification of their support obligation — pursued properly through the courts.
  • Paternity actions: We guide clients through the process of establishing or contesting paternity, which is often the predicate for a child support proceeding under Chapter 742, Florida Statutes.
  • Equitable estoppel and non-biological parent issues: We advise on the complex legal questions that arise when support obligations are claimed against a non-biological, non-adoptive parent.

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Frequently Asked Questions

Until what age does child support continue in Florida?
In Florida, the duty to pay child support generally continues until the child reaches the age of 18, or until graduation from high school, whichever occurs later –  but not beyond age 19. Support may continue beyond 18 for a child who is dependent due to a mental or physical incapacity. See § 61.29(7), Fla. Stat.
Can parents agree to waive child support?
No. Child support belongs to the child, not the parent. Florida courts will not approve agreements that waive child support where doing so would be contrary to the child’s best interests, and an agreement between parents to forgo support is generally unenforceable. See § 61.29(3), Fla. Stat.
What if the paying parent is self-employed or underemployed?
Courts may impute income to a parent who is voluntarily unemployed or underemployed, based on that parent’s employment potential and probable earnings. See § 61.30(2)(b), Fla. Stat. This prevents a parent from artificially reducing income to lower a support obligation.
Does a change in time-sharing affect child support?
Yes. Time-sharing percentages directly affect the child support calculation. A significant increase in overnights (to 20% or more) can trigger a downward modification of support. Any change in a parenting plan that substantially alters the financial circumstances may justify a modification petition.


Free Consultation with a Child Support Attorney

What is your situation?  If you have any questions about Miami Child Support matters, we can help.


Feel free to give us a call if you would like to discuss your matter at +1.786.309.8588.