Whenever a celebrity’s child support amount is announced in the news, the number always seems unrealistically high. A parent may be ordered to pay thousands or even tens of thousands of dollars per month for just one child.
These absurdly high numbers make people wonder whether there is an upper limit to child support. Is there a maximum child support number in Florida?
Celebrity child support is not a useful guide for normal Florida child support cases. Florida has its own child support guidelines, statutory formula, and rules for when a court may order more or less than the guideline amount.
Florida child support is based mostly on the parents’ combined monthly net income, the number of children, and the amount of time each parent spends with the children. The Florida child support guidelines schedule lists support amounts up to $10,000 in combined monthly net income. Fla. Stat. § 61.30(6).
That $10,000 number is important. However, it is not a true cap.
Florida law gives a formula for calculating child support when the parents’ combined monthly net income is greater than the amount listed in the guidelines schedule. When the parents’ combined monthly net income exceeds $10,000, the child support obligation is the minimum amount provided by the guidelines schedule plus an additional percentage of the income over $10,000. Fla. Stat. § 61.30(6)(b).
In other words, there is no simple cap on child support in Florida. The guideline chart stops at $10,000 in combined monthly net income, but the child support calculation does not necessarily stop there.
The real question is not just about what the cap on child support is in Florida. The better question is: how does Florida calculate child support for high-income parents, and when can a Florida court deviate from that guideline amount?
How Child Support Is Calculated In Florida
According to Florida statutes, “[t]he guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.” Fla. Stat. § 61.29(1)(b).
Florida’s child support guidelines start with the idea that each parent has a duty to support the child financially: “[e]ach parent has a fundamental obligation to support his or her minor or legally dependent child.” Fla. Stat. § 61.29(1)(a).
The Florida court first looks at each parent’s gross income and then determines each parent’s net income because, under the statute, “[n]et income for each parent shall be computed by subtracting allowable deductions from gross income.” Fla. Stat. § 61.30(4).
Then, “[n]et income for each parent shall be added together for a combined net income.” Fla. Stat. § 61.30(5). The combined monthly net income is used to determine the minimum child support need.
Once the minimum child support need is determined, the obligation is divided between the parents according to their respective shares of the combined income. Florida law provides that “[e]ach parent’s percentage share of the child support need shall be determined by dividing each parent’s net monthly income by the combined net monthly income.” Fla. Stat. § 61.30(9).
Next, “[e]ach parent’s actual dollar share of the total minimum child support need shall be determined by multiplying the minimum child support need by each parent’s percentage share of the combined monthly net income.” Fla. Stat. § 61.30(10)(a). Put simply, the guidelines do not only look at which parent earns more or which parent has the child more frequently. The analysis begins with evaluating both parents’ net incomes and then allocating the support obligation proportionally.
The calculation is not based solely on gross income. Before applying the child support guidelines, Florida courts must determine the parties’ incomes, including the net income used to calculate child support. In Aguirre v. Aguirre, the Fourth District reversed the child support calculation where the trial court ordered the husband to pay support but “did not make any findings of the income of either party.” 985 So. 2d 1203, 1207 (Fla. 4th DCA 2008).
Florida child support does not stop with the basic guideline amount. Before each parent’s share is calculated, child-related expenses are added to the basic obligation. These expenses include child care costs because “[c]hild care costs incurred due to employment, job search, or education calculated to result in employment or to enhance income of current employment of either parent shall be added to the basic obligation.” Fla. Stat. § 61.30(7). Health insurance costs for the child, as well as “any noncovered medical, dental, and prescription medication expenses of the child,” are also added to the basic obligation, unless the court orders those expenses to be paid separately on a percentage basis. Fla. Stat. § 61.30(8).
Once those expenses are included, the Florida court can calculate each parent’s share of the child support obligation. The result is the presumptive Florida child support amount, subject to any time-sharing adjustment, credits, or deviation allowed by Florida law.
The Maximum Child Support Under The Florida Guidelines
The Florida child support guidelines schedule lists support amounts up to $10,000 in combined monthly net income.
The guidelines schedule provides a minimum child support need of $1,437 for one child, $2,228 for two children, $2,795 for three children, $3,148 for four children, $3,432 for five children, and $3,666 for six children. Fla. Stat. § 61.30(6). These numbers are the highest amounts listed in the schedule, but they are not the highest child support amounts a Florida court can order.
Florida law also has a formula for parents whose combined monthly net income is larger than $10,000. The statute provides that “[f]or combined monthly net income greater than the amount in the guidelines schedule, the obligation is the minimum amount of support provided by the guidelines schedule plus the following percentages multiplied by the amount of income over $10,000.” Fla. Stat. § 61.30(6)(b). The statutory percentages are 5.0% for one child, 7.5% for two children, 9.5% for three children, 11.0% for four children, 12.0% for five children, and 12.5% for six children. Id.
For example, assume the parents have a combined monthly net income of $30,000 and they have one child together. Using the statutory formula, the court begins with the $1,437 minimum child support need listed for one child at $10,000 in combined monthly net income. The court then adds 5% of the $20,000 in monthly net income above $10,000. Five percent of $20,000 is $1,000, which produces a total minimum child support need of $2,437 before the obligation is divided between the parents and before any time-sharing adjustment, credits, health insurance costs, uncovered medical expenses, or child care costs are applied. Id.
This example shows why Florida’s child support chart should not be confused with a child support cap. The chart has a highest listed income level; however, the statute also provides a calculation for income above that level. The chart stops at $10,000 in combined monthly net income. The calculation continues, though.
Importantly, “[t]he child support guideline amount as determined by this section presumptively establishes the amount the trier of fact must order as child support.” Fla. Stat. § 61.30(1)(a). This means that the amount produced by the Florida child support guidelines is presumptive.
That presumption is important because a Florida court cannot simply ignore the guideline amount due to one parent believing the amount is too high or too low. The court is allowed to vary child support by 5% after considering relevant factors, such as “the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent.” Fla. Stat. § 61.30(1)(a). If the court varies more than 5% from the guideline amount, the court must make “a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.” Id.
Florida courts do not permit a trial court to reduce the guideline amount absent legally sufficient findings. In T.T.L. v. F.A.L., the Second District reversed a downward deviation from the guideline child support amount because “the trial court’s reasons for the deviation [were] legally insufficient.” 367 So. 3d 1257, 1258 (Fla. 2d DCA 2023). The court further explained that the child support schedule is “clearly rebuttable,” yet “if the trial court decides to vary more than five percent from the guidelines, the trial court must explain in writing or announce a specific finding on the record why the payment of the guideline amount would be ‘unjust or inappropriate.’” Id. at 1259.
So, even when Florida’s guidelines produce a high child support number, the court must start with the guideline amount. A court is allowed to deviate from that amount, but it only can deviate if it is supported by legally sufficient findings. Thus, the highest number listed in Florida’s child support guidelines schedule is not a cap on child support.
How A Florida Child Support Payment Can Be Reduced
The total minimum child support need is not automatically the amount one parent pays to the other parent.
Once the court determines the minimum child support need, then each parent’s share is calculated based on that parent’s percentage share of the combined monthly net income. Fla. Stat. § 61.30(9)-(10). Thus, even if the minimum child support need is high, the paying parent’s actual obligation depends on how much of the combined net income belongs to each parent.
Where one parent earns most, if not all, of the combined monthly net income, that parent is likely going to be responsible for virtually all of the support obligation. Where the parents have similar incomes, the child support obligation is likely to be divided up more evenly.
Child support may also be reduced by the time-sharing schedule. When a parent exercises a “substantial amount of time” with the child, Florida law adjusts child support. For purposes of the child support adjustment, “‘substantial amount of time’ means that a parent exercises time-sharing at least 20 percent of the overnights of the year.” Fla. Stat. § 61.30(11)(b)8. Twenty percent of the overnights in a year amounts to 73 overnights.
When the substantial time-sharing adjustment applies, the child support calculation changes. First, the basic monthly obligation is multiplied by 1.5; then, each parent’s share is calculated and each parent’s obligation is multiplied by the percentage of overnights the child spends with the other parent. Fla. Stat. § 61.30(11)(b). The obligations are offset, and the parent owing the larger amount will pay the difference.
In Williams v. Bossicot, the Fourth District stated that “[w]here a child spends a substantial amount of time with the noncustodial parent under a timesharing arrangement, a reduction in that parent’s child support obligation is mandated.” 300 So. 3d 184, 186 (Fla. 4th DCA 2020). In that case, the trial court found that the father had 23% of the overnights in some years but failed to apply the substantial time-sharing adjustment; accordingly, the Fourth District remanded for the trial court to recalculate child support and account for the substantial time the father spent with the child. Id. at 187.
I often see how this adjustment can significantly reduce the transfer payment, especially when each parent has substantial time-sharing and similar incomes. Shared time-sharing does not eliminate child support automatically. It can, however, reduce the amount one parent pays to the other parent.
Health insurance, uncovered medical expenses, and child care costs may also impact the final payment. Those expenses are added to the basic obligation and allocated between the parents under the guidelines; if a parent directly pays child care or health insurance costs, the final transfer payment can be adjusted to account for the payments. Fla. Stat. § 61.30(7)-(8). Put simply, a parent who is already paying the child’s health insurance premium or child care costs can potentially get credit for those payments in the final child support calculation.
Therefore, even when Florida’s child support formula creates a high total child support need, the final transfer payment might actually be lower. The amount paid is dependent on each parent’s share of the combined income, the number of overnights each parent exercises, and which parent is already paying child-related expenses.
The Maximum Child Support That Can Be Taken From A Parent’s Paycheck In Florida
In my practice, child support is usually paid through an income deduction order in Florida.
As the Florida statutes state, “[u]pon the entry of an order establishing, enforcing, or modifying an obligation for alimony, for child support, or for alimony and child support, other than a temporary order, the court shall enter a separate order for income deduction if one has not been entered.” Fla. Stat. § 61.1301(1)(a).
Florida courts have viewed this as a mandatory requirement. In Dorsett v. Dorsett, the Fourth District explained, “[i]t is unambiguous from both the statutory language and its judicial interpretation that every child support order is to be accompanied by an income deduction order.” 902 So. 2d 947, 953 (Fla. 4th DCA 2005).
An income deduction order directs a payor, typically an employer, to deduct support from income due to the parent who owes support and then forward the deducted amount as the order requires. Fla. Stat. § 61.1301(1)(b). To be clear, though, the amount that can be withheld from a parent’s paycheck is not unlimited. Under Florida law, the amounts deducted cannot exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. § 1673(b). Fla. Stat. § 61.1301(1)(b).
Where a parent is supporting another spouse or dependent child, federal law generally limits withholding for child support to 50% of disposable earnings. Where a parent is not supporting another spouse or dependent child, it is 60% of disposable earnings. 15 U.S.C. § 1673(b)(2). Those limits increase to 55% and 65% if the support is more than 12 weeks overdue. Id.
“Disposable earnings” refers to the earnings left after amounts required by law to be withheld are deducted. 15 U.S.C. § 1672(b).
If arrears are owed, the income deduction order should also address repayment of the arrearage. In Timmons v. Timmons, the Second District explained that section 61.1301(1)(b)(2) requires an income deduction order to state the arrearage owed and also direct the payor to withhold “an additional 20 percent or more” of the periodic support amount until the arrearage is paid. 179 So. 3d 380, 382 (Fla. 2d DCA 2015). The court held that the statute “does not authorize discretionary decisions” to order less than 20%, as the statutory language is mandatory. Id. at 383.
Timmons involved alimony arrears, but section 61.1301 applies to income deduction orders for alimony, child support, or both. This case is helpful, as it confirms that when the statute requires a certain withholding amount for arrears, the Florida court is not allowed to just choose a lower amount.
These paycheck withholding limits control how much can be deducted from a parent’s disposable earnings through an income deduction order. They do not create a cap on child support. A parent can still owe the full child support amount ordered by the court, even if federal or state law limits the amount that can be withheld from a particular paycheck.
In sum, the maximum amount that can be taken from a parent’s paycheck is not a child support limit but a collection limit. In Florida, child support may be calculated above the guideline chart, yet the actual paycheck deduction should comply with Florida’s income deduction statute and the federal Consumer Credit Protection Act.
How Florida Handles Child Support For Very Wealthy Parents
A child is not limited to basic survival-level support in cases where one parent has the ability to provide much more.
In Miller v. Schou, the Florida Supreme Court emphasized this principle; it held that “an increase in ability to pay is itself sufficient to warrant an increase in child support” and recognized that “the determination of ‘need’ in awarding child support takes into account more than just the basic necessities of survival.” 616 So. 2d 436, 438 (Fla. 1993). At the same time, it stated that a child of a wealthy parent is entitled to share in the parent’s good fortune only “consistent with an appropriate life-style.” Id. at 439.
However, child support is not automatically unlimited just because the paying parent has a high income. In Finley v. Scott, the Florida Supreme Court addressed child support for the child of a professional basketball player who had a gross monthly income of approximately $266,926. 707 So. 2d 1112, 1114-15 (Fla. 1998). The guideline amount went over $10,000 per month, yet the trial court found that the mother’s request for approximately $10,000 per month in direct child support had “no economic relevance to the bona fide actual needs of the child.” Id.
The trial court refused to impose the $10,011 guideline amount and instead awarded $5,000 per month because that amount was “consistent with the actual and bona fide needs of the minor child and the overall financial circumstances of each parent” and would “foster and promote an appropriate lifestyle for her.” Id. at 1115. The Florida Supreme Court approved of this, reasoning that child support guideline amounts are rebuttable and trial courts can vary from the guideline amount when the guideline amount would be unjust or inappropriate. Id. at 1116.
Finley demonstrates that Florida courts must start with the guideline amount and then evaluate the statutory factors. When a court moves away from the guideline amount, it is required to explain the statutory basis for the deviation in writing or on the record. See id. at 1117.
A wealthy parent may pay far more than the highest amount listed in the Florida child support schedule, but the final number still must be connected to child support. Florida law does not limit a child to bare necessities. However, it also does not view child support as a blank check.
So, Is There A Cap On Child Support In Florida?
There is no simple or straightforward cap on child support in Florida.
Florida’s child support guidelines schedule lists amounts up to $10,000 in combined monthly net income; however, Florida law provides a formula for income above $10,000. Fla. Stat. § 61.30(6)(b). Thus, the highest amount listed in the schedule is not the highest amount a Florida court is allowed to order.
Yet, Florida child support is not unlimited. The guideline amount is presumptive, but a court can deviate from that amount in circumstances where the facts justify a deviation and the court makes the required findings. Fla. Stat. § 61.30(1)(a).
The final child support amount might depend on each parent’s net income, the parents’ percentage shares of combined income, the number of children, the time-sharing schedule, health insurance costs, uncovered medical expenses, child care costs, and whether the case involves a legally sufficient reason to move away from the guidelines.
When a case involves high-income parents, a Florida court may allow a child to share in a parent’s good fortune, but child support still should be tied to the child’s needs and the child’s appropriate lifestyle, as well as the facts of the case.
In all, the answer is no. Florida does not have a true child support cap. The guideline chart stops at $10,000 in combined monthly net income, but Florida law provides a formula for income above that amount. The final child support amount is dependent on the guideline calculation, the parents’ incomes, time-sharing, child-related expenses, and any legally sufficient basis for deviation.
If you are a parent trying to calculate child support, reduce child support, enforce child support, or determine whether Florida’s child support guidelines apply to a high-income case, contact my Florida family law firm to speak with an experienced Florida divorce attorney.
Russell Knight has practiced family law for more than 19 years and has handled thousands of divorces and family law cases involving alimony, property division, child support, parenting issues, business interests, income disputes, and complex financial issues. As a divorce lawyer licensed in both Florida and Illinois, Russell regularly helps clients evaluate child support guidelines, income issues, time-sharing adjustments, support enforcement, and high-income family-law disputes.
CASES AND STATUTES REFERENCED IN THE CAP ON CHILD SUPPORT IN FLORIDA ARTICLE
Fla. Stat. § 61.29 — Child Support Guidelines; Principles; Applicability
Fla. Stat. § 61.30 — Child Support Guidelines
Fla. Stat. § 61.1301 — Income Deduction Orders
15 U.S.C. § 1672 — Definitions Under The Consumer Credit Protection Act
15 U.S.C. § 1673 — Restriction On Garnishment
Aguirre v. Aguirre, 985 So. 2d 1203 (Fla. 4th DCA 2008)
T.T.L. v. F.A.L., 367 So. 3d 1257 (Fla. 2d DCA 2023)
Williams v. Bossicot, 300 So. 3d 184 (Fla. 4th DCA 2020)
Dorsett v. Dorsett, 902 So. 2d 947 (Fla. 4th DCA 2005)
Timmons v. Timmons, 179 So. 3d 380 (Fla. 2d DCA 2015)
Miller v. Schou, 616 So. 2d 436 (Fla. 1993)
Finley v. Scott, 707 So. 2d 1112 (Fla. 1998)
FREQUENTLY ASKED QUESTIONS ABOUT THE CAP ON CHILD SUPPORT IN FLORIDA
Does Florida child support stop at $10,000 in combined monthly net income? No, the schedule stops at $10,000 in combined monthly net income, but the child support calculation does not automatically stop there. For combined monthly net income above $10,000, Florida law adds a statutory percentage of the income over $10,000.
Can a Florida court order more child support than the highest amount listed in the guidelines chart? Yes, the highest amount listed in the guidelines chart is not the highest amount a Florida court can order. There is an additional formula for income above the chart.
Can a Florida court order less than the guideline child support amount? It can, but the guideline amount is presumptive. A Florida court may vary from the guideline amount when the facts justify a deviation. If the court varies more than 5% from the guideline amount, the court must make the required written finding or specific finding on the record explaining why the guideline amount would be unjust or inappropriate.
Can child support be reduced because of time-sharing in Florida? Yes, Florida adjusts child support when a parent exercises a substantial amount of time with the child.
Is the amount taken from a paycheck the same thing as a child support cap? No, paycheck withholding limits are collection limits, not child support limits. Federal and state law can limit how much can be withheld from a parent’s disposable earnings through an income deduction order. However, the parent might still owe the full child support amount ordered by the court.
