Legal Amount For Child Support in Florida

by Thomas from Brooksville, Florida, Hernando County

My mother got custody of my child. I am in school and cannot take care of my daughter full time.

She has taken me and my daughters mother to court at different times. Getting 20% from each of us is this legal?

Answer to Florida Child Support Question

Dear Thomas,

Child Support is a legal right for any child.

It does not matter who or what is taking care of the child.

If the child was a legal ward of the state, the state would have an obligation to pursue child support from the parents of the child.

The same can also be said for your mother, who is taking care of your child.

Generally speaking, she has a right to demand from you and the child’s mother legal payments for child support.

The only way that I know for you to not be held responsible for the support of your child, is by signing your rights away through a legal adoption. Otherwise, your child support obligation will be determined by an ability to pay.

It is possible to pay as much as 50% of your income or more for the support of a child. So in your case, 20% from you and 20% from the mother is not unheard of and probably very reasonable if this is your only child. Also, child support can be ordered retroactively for up to two years.

Generally speaking, the amount you will be obligated to pay is determined usually by the Florida Child Support Guidelines, and the rules as set forth in the statutes. The Florida Statutes pertaining to Child Support and Retroactive Child Support are:

• 61.29 - Child support guidelines; principles.

• 61.30 - Child support guidelines; retroactive child support.

Have a look at our Florida Child Support page for more information and resources that might help answer your questions.

Remember to ask for legal advice from an attorney to determine what applies to your specific situation, and how you should proceed. We provide a lawyer referral service at the bottom of this page, and you can also ask for a referral from the Florida Bar Association.

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