Florida Child Support and Time Sharing

Keeping Pace With Time Sharing In Florida:  Florida’s Child Support Statute Finally Amended!

Parents fighting over custody of their child or children was supposed to become an archaic notion in Florid,a with the advent of Parenting Plans and Time Sharing. 

Prior to the amendment of section 61.13, Florida Statues (2009), one parent would generally be designated the “primary residential parent” (or custodian) and the other parent the “secondary residential parent,” with rights of visitation. 

According to the amended statute section, neither parent is designated as primary or secondary and both will have “time sharing” with their child. 

However, the amendment proved more to be form over substance, especially since parents continued to war, not over custody but over the amount of “time sharing.”.

Florida’s child support statute is Section 61.30, Florida Statutes, or what is commonly referred to as the “guidelines.”  According to Section 61.30, if a parent receives “substantial” time sharing (defined as 40% or more of the overnights), then his or her child support obligation may be reduced. 

For example, if during any two-week period, a parent receives 6 out of 14 overnights (43% of the overnights), then his or her monthly obligation is reduced (as opposed to if he or she received only 5 overnights during the same two-week period, or 35% of the overnights).  

Reducing child support, if a parent receives 6 out of 14 overnights but not 5 out of 14 overnights is inequitable and is primarily the reason why parents have continued to argue over the amount of time.

Effective January 2011, substantial time sharing is now defined as 20% or more of the overnights (as opposed to 40% or more). 

Let’s put this information into perspective.  Assume a parent (A) earns $ 4,000.00 take home (after taxes) and the other parent (B) earns $ 3,000.00 take home, total combined being $7,000.00 per month. 

The parties have one (1) minor child, and “A” has been afforded time sharing on alternating weekends (to include Friday afternoon until Monday morning plus Wednesday and Thursday overnights during the week preceding “B’s” weekend, for a total of 5 overnights per two weeks (which is 35% of the overnights).  

The father’s child support obligation:

Pre-amendment section 61.30

Combined Available Income:                                             $ 7,000.00

Basic Obligation for one (1) child per the guidelines:           $ 1,212.00

Father’s percentage share ($ 4,000/ $ 7,000)              57%, or  $  691.00

Mother’s percentage share ($ 3,000/ $ 7,000)             43%, or  $  521.00

Amended section 61.30

Combined Available Income:                                            $  7,000.00

Basic Obligation for one (1) child per the guidelines:                                                                     $  1,212.00

Father’s percentage share ($ 4,000/ $ 7,000)              57%, or $  691.00

Mother’s percentage share ($ 3,000/ $ 7,000)             43%, or $  521.00

Gross up:                              Father                                      Mother

                                         $  691.00                                 $  521.00

                                         X       1.5                                 X       1.5

                                        $ 1,035.00                               $  780.00

Percentage of overnights        X   .65  (Mother's)                   X   .35 (Father's)

                                          $  672.75                                 $  273.00

Difference between the two figures is the child support obligation (Father’s):                               $ 399.75/ month

So, from the foregoing, you can readily see the difference(s) between the former and the amended statute section.  Under the former, the “A” would pay $ 690.00 per month in child support, exclusive of day/after care and health insurance; under the amended, “A” would pay a reduced amount of $ 399.75, a difference of $ 290.25 per month.

Section 61.30, Florida Statutes, contains other important revisions, most particularly, concerning the imputation of income to a parent who may be voluntarily unemployed or underemployed. 

 If information concerning a parent’s recent work history, occupational qualifications and prevailing earnings level in the community is not available to determine his/her income at the time child support is being established, then the Court shall automatically impute income to that parent at the median income level. 

In order to impute a higher amount (above the median wage), then the parent seeking to impute income to the other has the burden of proving up voluntariness and the amount and source of the imputed income (such as current jobs in the community).  Further, the parent seeking to impute income may also bring evidence of the other parent’s current licensure and request the court to consider what the other parent is capable of making in the market even if the imputed amount exceeds historical earnings.  

If you need more information on Florida’s recent amendments to section
61.30, Florida Statutes (child support), then please feel free to call me at
727/ 895-5858.  I do provide for a FREE
initial consultation.  Or, you may blog
with me at www.goodmanatlaw.com.  I welcome all comments and inquiries.