Whether you are going through a proceeding such as Paternity, Divorce, or a Title IV-D action, child support in Florida is calculated using the Florida Statutory Guidelines as explained in Florida Statute 61.30.
Once child support is calculated within your action and adopted by final judgment, the child support will remain that amount, unless modified, generally until the child reaches the age of 18 years; or not to exceed 19 years, if the child is still a dependent high school student performing in good faith with a reasonable expectation of graduation before the age of 19. F.S. § 743.07.
Other exceptions to termination at 18 years of age may include prolonged child support obligations if the child is dependent and the dependency is because of a mental or physical incapacity which began prior to such person reaching majority.
Either way, the amount would remain in effect from the last Court Order/Final Judgment on the court file.
So, do child support payments increase over time?
One simple answer would be, not unless your previous Order/Final Judgment is changed.
Or maybe you fall behind and you start incurring arrears.
Arrearage payments could be tacked onto your on-going support obligation.
Also, if you are making more money now than you did at the time the child support was last calculated, it is possible for your child support to go up.
In paternity and divorce matters, one of the parties would have to file a Supplemental Petition for Modification and allege, among other things, that there has been a substantial change in circumstances.
In those cases, “the guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.” F.S. 61.30(1)(b).
In those cases, modification requires at least one of the parties to bring new proceedings before the court requesting such a recalculation of child support.
On the other hand, in Title IV-D cases, pursuant to F.S. 409.2564(11)(a) and F.S. 61.30(1)(c) child support may be reviewed without the necessity of providing substantial change of circumstances and be modified if the support differs by at least 10% but not less than $25.00 from the amount to be awarded under F.S. 61.30.
Furthermore, “the Department of Revenue shall review child support orders in IV-D cases at least once every 3 years when requested by either party, or when support rights are assigned to the state under s. 414.095(7), and may seek modification of the order if appropriate under the child support guidelines in s. 61.30. Not less than once every 3 years the department shall provide notice to the parties subject to the order informing them of their right to request a review and, if appropriate, a modification of the child support order. The notice requirement may be met by including appropriate language in the initial support order or any subsequent orders.” F.S. 409.2564(11)(a).
No matter which type of case you have, child support is calculated pursuant to F.S. 61.30. If you, or someone you know needs help with an initial or post judgment matter concerning your child support, don’t hesitate, call Men’s Rights Law Firm today at 239-829-0166.