Top Five (5) Questions We Get Asked About Child Support (2026 Edition)

Many parents understandably have questions regarding child support related to their minor child, especially if the parents are going through a divorce. Child support is a common and frequently misunderstood issue in Florida family law. Whether you are going through a divorce, establishing paternity, or even modifying an existing child support order, it's natural to have questions about how child support is calculated, who pays it, and what happens when circumstances change. In this blog we will be exploring the top 5 questions we are asked related to child support.

Notably, it’s important to keep in mind that every family law case is different and distinct, depending on the specific facts of your case. Therefore, this blog is merely limited to educational purposes only, and should not be used as legal advise. You should always speak to a licensed attorney regarding the specific and unique circumstances of your family law related case. This blog does not constitute legal advise, nor does it establish an attorney-client relationship.

1.      Is There A One-Size-Fits All Child Support Calculation?

One of top questions we get asked as it relates to child support in the state of Florida is how much will we be paying or receiving in child support? Now, this is a complicated question because there are so many factors that go into the calculation of child support. What your net income is, what the net income of the other party is, if there’s any particular daycare or aftercare expenses, health insurance, and so many more factors depending on your specific situation. Moreover, if there is a time-sharing schedule (typically there is if there is a minor child involved), all of this plays a factor into what the child support number will be.

In the State of Florida, there’s actually a specific calculation that is discussed based on the net incomes of the parties, as well as what is called the gross-up, which is the substantial time sharing. And then once you take those things into consideration, as well as the daycare and health care, and any other qualifying factors, you can actually chart it.

Every case is different, so there’s not a one size fits all as it relates to child support and its a calculation based on Florida Statute and law. A bonus note we want to make to this question is the fact that child support isn’t just for women. A lot of people get this wrong. Child support is for the benefit of the child. And based on this calculation, there are situations where a woman may have to pay the man child support.

2.      Do The Personal Expenses Of The Parents Matter In Terms of The Base Calculation?

Another question we get asked a lot is, do expenses matter? More specifically, the expenses of the parents. For those who have not gone through a child support matter, you would likely have to fill out what is called a financial affidavit. This financial affidavit does discuss your income, but it also brings up your expenses as well as your assets and liabilities. Now, for purposes of child support, the expenses of the parents do not matter. However, the expenses of the child could matter, but not necessarily for child support, but it could be related to child-based expenses. And while these don’t normally get put into the child support calculation, depending on the type of family law case you have, it could be an expense that you may have to divide or reimburse to the other parent.

But overall, your house, your car payments, how much you pay for your cell phone, electricity, these aren’t expenses that are considered for at least the base calculation of your child support or what you would receive in child support.

3.      What Happens If Your Financial Situation Changes?

The third question we typically get asked about child support is what if my situation changes? For those who are receiving child support, they'll want to know what happens if they start making more money or less money, or maybe the particular expenses that were calculated originally, have now suddenly changed. The person who’s paying child support tends to have the same question. The short answer is it will likely require a modification. In the state of Florida, either party can petition a court for a modification of the child support based on what is called a substantial material change in circumstances. For purposes of a child support modification, the child support court number (amount) would typically need to change either 15% or $50 from that amount, whichever is greater, to activate a modification. If that happens, then the court gets to recalculate this income all over again, gets to calculate the expenses as it relates to daycare, aftercare, and healthcare ( and any other applicable factors if any apply) all over again, as well as take into consideration if there's another warrant for modification, Any sort of substantial material changes in the time sharing. So, in other words, it becomes a whole new case.

4. Can One (or Both Parents) Decide To Just Waive (or Give Up) Child Support, Without Involving The Court?

The fourth frequent question we get asked about child support in the state of Florida is if a parent can unilaterally (or together), without court intervention, decide to waive child support or if the parents can decide unilaterally, without court intervention, to completely give up child support. The short answer to this is, No. Florida has a public policy that child support is not the right of the parents, but the right of the child.

Therefore, the parents cannot waive child support because it is not their right to waive. That doesn’t mean that there is not mechanisms or situations you can’t put in place to allow for child support to be essentially zeroed out, where for whatever reason that neither parent will pay the other child support. These things can happen in a variety of ways. For example, it can be directly through the child support calculation, take into consideration all the expenses and substantial time sharing. Or sometimes it can be done by agreement (if specific circumstances exist). But the important fact that you have to know about this is that the court has to approve it. The parents can’t just decide it on their own, without court intervention.

The court has an affirmative obligation to make sure that any matters regarding a minor child or children is found to be in the best interest of the minor child or children. And this doesn't only apply to child support. This actually also applies to any parental responsibility and decision making as well as timesharing. However, for purposes of child support, you cannot waive it, but you can deviate (depending on the specific circumstances of your case).

5. How Far Back Does Child Support Go?

The fifth frequent question we typically get asked about child support in the state of Florida is how far back does it go? Generally, once a child support case is filed, you’ll be set to be put on child support from that time going to the child is eighteen (18) typically, and depending on when the child graduates high school, a little further than that. But what a lot of people aren’t sure about is how far back from before the filing can child support go, which is called “back support” or rears, depending on the situation. The short answer to that is up to twenty-four (24) months from when both parties did not reside together as a family unit. However, there are special uniqueness to this law that a lot of people aren't too aware of. First, is the fact that on one end, if the child wasn’t born 24 months ago, it only goes back to when the child was born. Second, child support may (depending on the facts of the case) also count towards the expenses of being pregnant. For example, medical appointments, the actual birth, things like that are actually something that may be required to be repaid as part of back child support.

If you or someone you know is having a child support or any other family law matter, please contact our office, set a consultation, and we’ll see how we can help you out.

CONTACT THE EXPERIENCED MARITAL & FAMILY LAW ATTORNEYS AT THE JOSEPH FIRM, P.A.

Attorney Marck K. Joseph, Esq., BCS is a Board Certified Marital and Family Law expert and the owner of The Joseph Firm, P.A. With almost fifteen (15) years of experience in Martial & Family Law, he is uniquely qualified in helping in most types of family cases, including divorce matters.

If you are involved in a family law matter in Florida, consulting with an experienced family law attorney can help you navigate the legal process while advocating for the best interests of your child. Our law firm fully understands the challenges of navigating marital and family law issues, and we’re always ready to provide the highest-quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing), our attorneys go the extra mile for every client.

Our firm offers free case evaluations to determine whether the firm can assist you with your case, and if we can, a case consultation meeting will be scheduled. The experienced divorce lawyers at Joseph Firm, P.A. are ready to hear your story. We provide smart, aggressive family law representation to clients. To learn more, call (305) 501-0992.

‍