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Deviating from Florida’s Child Support Guidelines

Deviating from Florida’s Child Support Guidelines

child support deviations

In this article, we’ll break down:

Florida’s guidelines for child support serve as a baseline from which a court can begin to determine a parent’s support obligation. They aren’t rules written in stone.

The court recognizes that a one-size-fits-all approach to child support just isn’t realistic. Every family is different and has different support needs. That’s where court-determined deviations become critical.

The Court’s Ability to Vary Child Support Amounts

The amount of child support a parent either receives or pays is calculated using the Florida Statutes 61.30 Child Support Guidelines. But at its discretion, the court ruling over a child support case can decide that the general guidelines aren’t sufficient for that family’s needs. When this occurs, the court has the authority to order a deviation from the child support guidelines to create a fair and equitable child support arrangement for both parents.

In most child support cases in Florida, a court can increase or decrease the child support obligation up to 5% at its discretion. However, if the court finds that the child support payment deviation should exceed a 5% increase or decrease, the court must provide written reasons for the adjustment that accompany the filing of Form 12.943 Motion to Deviate from Child Support Guidelines.

Situations in Which a Court Can Deviate from Florida’s Child Support Guidelines

There is a long list of situations that can arise that may warrant a deviation from Florida’s child support guidelines.

The parent receiving support may request more child support than required by the guidelines based on one or more of the following factors:

  • The family faces extraordinary medical, psychological, educational, or dental expenses
  • There are seasonal variations in one or both parent’s income or expenses
  • The family has older children which may have greater needs
  • A child requires special needs which could include costs associated with a disability that were traditionally met within the family budget even though the fulfilling of those needs will require child support to exceed the presumptive amount established by the guidelines
  • Total available assets of oblige, obligor, and child
  • Effect of the IRS Child & Dependent Care Tax Credit, Earned Income Tax Credit, or a dependency exemption and waiver of that exemption
  • If a child spends a significant amount of time but less than 20% of overnights with one parent reducing the costs incurred by the other parent, or the refusal of one parent to be involved in the child’s activities has increased the cost to the parent
  • The income earned by the parent receiving support is too low for them to maintain their home and cover their basic necessities
  • The likelihood that either parent will abide by the time-sharing schedule in the parenting plan and whether multiple children in the family are taking part in the same time-sharing schedule
  • Other adjustments required to create an equitable arrangement

The parent paying child support may request a reduction in the amount of support owed based on one or more of the following factors:

  • The family faces extraordinary medical, psychological, educational, or dental expenses
  • Independent income of the child, excluding the child’s supplemental security income (SSI)
  • Payment of child support has been regularly paid and for which there is a demonstrated need
  • There are seasonal variations in one or both parent’s income or expenses
  • The family has older children which may have greater needs
  • Total available assets of oblige, obligor, and child
  • Effect of the IRS Child & Dependent Care Tax Credit, Earned Income Tax Credit, or a dependency exemption and waiver of that exemption
  • Application of the child support guidelines that requires that the parent paying support pay more than 55% of gross income for a single child support order
  • Residency of subsequently born or adopted children with the obligor, including consideration of the other spouse’s income
  • If a child spends a significant amount of time but less than 20% of overnights with one parent reducing the costs incurred by the other parent, or the refusal of one parent to be involved in the child’s activities has reduced the cost to the parent
  • Other adjustments required to create an equitable arrangement

Time-Sharing Adjustments to Child Support in Florida

An adjustment to the child support obligation because of your time-sharing arrangement is one of the more common reasons for a deviation to occur. As the Florida courts see it, if the parent paying child support spends a substantial amount of time with the child, the support payment amount should account for that factor.

In Florida, as stated above, if the paying parent has time-sharing with the child for at least 20% of the total number of overnight visits during the year, the courts are obligated to adjust the support order.

If you’re the parent paying child support and you’re spending over 20% of all overnights with your child, you have a right to file a motion to deviate from the child support guidelines.

If, on the other hand, your ex-spouse spends fewer than the agreed-upon overnights with your child or refuses to take part in other activities with the child per the parenting plan, and that lack of participation is requiring you to incur unplanned expenses, then you can file a motion to deviate from the child support guidelines and receive additional support.

Seasonal Income Adjustments to Child Support in Florida

An adjustment based on seasonal work is another deviation that may warrant a deviation. For instance, if you’re a teacher and you go without pay during the summer. Or, if you’re a landscaper or construction worker who earns a reduced income during the winter months.

The court will take your income fluctuations into account and, with a deviation, can adjust the amount you owe up or down based on the income you’re earning month-to-month throughout the year.

The same holds true for seasonal expenses. If you have planned expenses that consistently hit at specific times during the year, the court can consider a deviation.

How to File a Motion to Deviate from Child Support Guidelines in Florida

A motion to deviate from Florida’s child support guidelines must be accompanied by the child support guidelines worksheet.

First, you’ll need to complete Form 12.902(e) Child Support Guidelines Worksheet. The final section of the form is the ‘Adjustments to Guidelines Amount’ section. Check the box on the form that requests a deviation from the guidelines. Then, complete and attach Form 12.943 Motion to Deviate from Child Support Guidelines with your worksheet when you file it with the court.

Next, sign both forms and file the original copy with the clerk of the circuit court in your county. In Broward County, file your forms with the Broward County Clerk of Court.

Have an Experienced Family Law Attorney File Your Motion to Deviate from the Guidelines

A change to child support has significant implications not only for your financial wellbeing but for the wellbeing of your child. So, while you can file a motion for a deviation to child support with your county clerk, we highly recommend that you seek the counsel of an experienced family law attorney.

Your family law lawyer will help you navigate your motion through the courts and help you receive the outcome you desire for you and your child.

Contact us today for a free family law case evaluation. We’ll listen to your case and explain your rights. When you’re ready to work with a Florida family law and divorce lawyer to help you file a motion to deviate from Florida’s child support guidelines, fill out the form on our Contact Us page or give us a call at (954) 880-1302.