Custody and child support in Florida: how it actually works Custody and child support in Florida: how it actually works

Everything runs through the best interests of the child, with section 61.13 supplying an extensive factor list: each parent's demonstrated capacity to honor the time-sharing schedule and to put the child's needs first, the child's developmental needs, school and community record, each parent's health, any history of domestic violence or abuse (which can defeat the equal-time presumption outright), and more. The reasonable preference of a child may be considered where the court finds sufficient intelligence and maturity — Florida sets no magic age — but practically speaking it is uncommon that the child gets a say.

The equal-time presumption doesn't decide cases; it allocates the burden. Distance between homes, work travel, a child's specific needs, safety findings — Florida courts still order unequal schedules on evidence. Which means Florida custody cases are now, more than ever, evidence contests. If yours is headed that way: high-conflict custody in Florida.

Florida's guidelines (section 61.30) run income-shares math on the parents' combined net monthly income — Florida is a net-income state, unlike most of our footprint — with adjustments for health insurance, child care, and the time-sharing schedule. A substantial time-sharing formula adjusts support when each parent has the child at least 20% of overnights, which — note the interaction — the new 50/50 presumption makes nearly universal in fresh cases. Above the guidelines' income schedule, courts apply statutory percentages to the excess, with discretion on the child's actual needs. Florida is known as a "high" child support state. High earners, business owners, and variable compensation get the full treatment at child support in Florida.

Florida modifications require a substantial and material change in circumstances — and 2023 legislation removed the old requirement that the change also be "unanticipated," a quiet amendment with loud consequences for parents previously locked out of court. Details: modifications in Florida. A move of 50 miles or more triggers Florida's strict relocation statute — see relocation in Florida.

From our Palm Beach office, Brown Carrington handles Florida time-sharing and support cases at every level of conflict — including the ones that need evaluators, experts, and trial lawyers.