The myth that Florida’s child support guidelines were based on an economic analysis of divorced families in the state is not true. In fact, the guideline table and amounts were developed by a federal agency and were based on a study of intact families, not divorced ones. The study used data from households where both parents were employed, so it doesn’t accurately reflect the expenses of divorced families. Florida’s child support guidelines were formulated without considering the potentially higher costs of raising a child after a divorce. The guidelines were based on outdated data and assumed that divorced parents spend less on their children. It is not true that judges cannot deviate from the guidelines when determining child support. The federal government requires each state to have guidelines for child support amounts. These guidelines are meant to make sure child support awards are fair and consistent. In Florida, judges can deviate from the guidelines in certain situations, like if a child spends a lot of time with each parent or if there are special expenses for the child. They consider things like the income of each parent and the needs of the child when deciding on the support amount. A new law was passed that changes how child support is calculated when parents share custody. The law removes certain factors that courts used to consider when deciding on the amount of child support. It also allows for adjustments in child support if the child spends a significant amount of time with each parent. However, it’s not clear what counts as “significant” time. The law doesn’t take into account the extra costs of raising a child after a divorce. This means that the new law may not fully consider the financial needs of the child in shared custody situations. When the OCSE prepared its report to support the child support guidelines, they didn’t make any direct changes to account for the extra costs of shared parenting. The report was based on the traditional custody arrangement where one parent (usually the mother) has sole custody and the other parent has limited visitation. The guidelines didn’t account for shared parenting, and different states have different rules for when a deviation from the guidelines can be considered. The new law in Florida also doesn’t give clear guidance on how to deviate from the guidelines when parents share significant time with their children. The term “substantial” change in circumstances is used in Florida law, but it’s not clear what “substantial” means in terms of time spent with the child. The amount of child support a parent has to pay isn’t just based on how much time they spend with the child. Even if both parents have the child an equal amount of time, the parent with the higher income may still need to pay child support to the other parent. This is because the parents might not have equal incomes, and they might not share the costs of things like clothes, medical care, and education for the child equally. The amount of child support can be adjusted from the standard amount if there are special circumstances. The goal of giving a deviation in support for split custody and substantial parenting cases is to make sure each parent is credited for the money they spend on their child. There are two main ways that Florida courts approach this. One way is to calculate the support amounts each parent owes based on the time the child spends with each parent, and then offset the amounts so the parent who owes more pays the difference. The other way is to divide the total support obligation by the number of children in each household, to make sure each child gets their fair share of support. This method is also used in cases where one parent has the child a significant amount of time. In North Carolina, they use a different method to calculate child support that isn’t used in Florida. They use a multiplier to increase the amount of support that both parents have to pay, which is more fair because it reflects the extra costs of having two households after a divorce. Florida might not be following federal rules when it comes to child support for shared custody situations. The current system might not be fair for older kids, so there might need to be some changes to make sure all kids get the support they need. The Florida child support guidelines are not based on the most current economic research available. The guidelines were developed using statistics from the 1970s and research from the early 1980s. Although there was a study commissioned in 1997 to update the guidelines, the recommendations were not adopted by the legislature, so the guidelines are still outdated. This means that child support amounts may not accurately reflect the actual costs of raising a child. The myth that child support can be roughly computed using percentages of a parent’s income is untrue. Florida’s guidelines are based on an income shares model that considers the income of both parents. Using a percentage may result in inaccurate results, especially when there is a wide income disparity between the parents. Child support is a right that belongs to the child, and both parents can be required to pay it. Additionally, child support can be modified if a parent remarries and has a second child. Florida’s child support guidelines do not automatically reduce support when one child reaches the age of emancipation. The amount of support is not reduced unless the court order specifically states so. It is important for the court order to include language about any reduction in support when a child is no longer eligible for support. In summary, the federal government has been heavily involved in setting child support guidelines for fairness, but there are myths and misunderstandings about how they work in Florida. The courts and legislature have allowed for flexibility in applying the guidelines. It may be time to review and update the assumptions and economics behind child support, so that the amounts reflect the reality of divorced and blended families today. Two lawyers, Thomas J. Sasser and Rana Holz, specialize in family law and related appeals. They are both active members of the Family Law Section and serve on various committees. This column is submitted on behalf of the Family Law Section, chaired by Ky Koch and edited by Mark Sessums.
Source: https://www.floridabar.org/the-florida-bar-journal/child-support-myths-and-truths-exploring-the-assumptions-underlying-floridas-statutory-guidelines/
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