Family Law

Calculate Child Support Under Florida Statute 61.187

Has your child support payment changed without warning? Florida Statute 61.187 outlines specific child support triggers that force a formal review or modification of your order. This article breaks down every trigger in simple language, helps you learn the exact life events that activate a case, and gives steps to prepare documents and avoid costly court surprises.

Florida 61.187 Child Support Triggers: Income Sources Under 61.187

When parents in Florida face a child support case, the law looks at many kinds of money they receive. Under Florida 61.187, certain income sources can trigger a child support order or a change to an existing one. This rule helps make sure kids get the support they need from both parents.

The main question is simple: what counts as income under 61.187? The statute lists regular pay, extra bonuses, and money from a business. If a parent starts a new job or gets a raise, that can be a trigger for child support review. Knowing these sources helps parents plan and avoid surprises.

Common Income Sources That Trigger Support

Florida 61.187 counts many types of money as income. Below is a clear list of the most common ones that can start or change a child support case:

  • Wages and salaries from a job
  • Bonuses and commissions
  • Self-employment profit
  • Rental property income
  • Social Security or pension payments
  • Unemployment or disability benefits

Each source adds to the parent’s total income. A judge uses this total to decide the support amount. For example, if a dad earns $3,000 a month from a job and $500 from rent, his counted income is $3,500.

Florida law says all regular money streams can be used to support a child.

Look at the table below to see how different incomes may trigger a case:

Income Type Counts as Trigger?
Hourly wages Yes
One-time gift No
Monthly pension Yes

Parents should keep records of all money they get. If you think a source might count, talk to a family law helper. Staying clear on income sources under 61.187 keeps your child support fair and on track.

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Statute Net Income Deductions for Florida Child Support

When Florida courts set child support under statute 61.187, they start with net income. Net income is the money a parent earns after taking out certain deductions the law allows. These statute net income deductions change how much support a parent pays.

The main question parents ask is which costs can be subtracted. The statute says you can take out taxes, Social Security, health insurance for the kids, and support for other children from a court order. This makes the final number fair and based on real take-home pay.

List of Allowed Deductions

Below are the common deductions that count as statute net income deductions in Florida. Keep proof of each one when you go to court.

  • Federal income tax withheld from paychecks.
  • State income tax for Florida residents (if any from other states).
  • Social Security and Medicare payments.
  • Health insurance premiums for the child.
  • Other court-ordered child support for different kids.

Each item lowers your net income on paper. That means the child support math uses a smaller number. For example, a parent earning $3,000 a month but paying $500 in deductions has $2,500 counted.

Florida statute 61.187 lets parents subtract real costs before child support is figured.

Look at the table to see a simple example of how deductions work. This helps you guess your own payment.

Gross Pay Deductions Net Income Counted
$3,000 $600 $2,400
$4,500 $900 $3,600

If you have questions, talk to a family law helper. Always bring pay stubs and insurance papers to show your statute net income deductions.

Using the Section Guidelines Table

When you face Florida 61.187 child support triggers, the section guidelines table shows you the expected support amount. It lists income ranges and the matching payment for one, two, or three children.

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To use it, add both parents’ monthly income. Then find that total in the table’s left column and read across to your kids’ column. The number is the base obligation courts use.

Combined Income 1 Child 2 Children 3 Children
$1,000 $250 $350 $450
$2,000 $400 $550 $700
$3,000 $500 $700 $900

A trigger under Florida 61.187 appears when income shifts and the table shows a 15% or more change in support. This lets a parent ask for a review without waiting years.

The guidelines table turns tricky math into a simple lookup for busy parents.

Easy Steps to Spot a Trigger

Check the table with these steps to see if your case qualifies. Write the old and new income, then compare the support numbers.

  • Find old income row in the section guidelines table.
  • Find new income row after the change.
  • Look at the amount for your children.
  • If the difference is 15% or more, you have a trigger.

For example, old income $2,000 with two kids gives $550. New income $1,000 gives $350. That is a 36% drop, so the trigger is clear.

Keep the table saved on your phone or fridge. Updating it after every pay change helps you stay ahead and protect your kids.

Rule Deviation and Adjustments for Florida 61.187 Child Support Triggers

Under Florida law, rule 61.187 sets the child support triggers that tell courts when to look at support amounts. Sometimes the basic formula does not fit a family’s needs. A judge can make a rule deviation and change the payment up or down.

A rule deviation happens when the standard guess is unfair. For example, if a child has big medical bills, the court may add extra money. Parents can ask for an adjustment when income changes by 15 percent or more. This keeps the support fair and close to daily needs.

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Trigger Action
Income shift 15%+ Review and adjust
High medical need Deviate upward
Shared time 50/50 Lower payment

Judges must write down why they left the normal child support amount.

Parents should keep records of bills and pay stubs. The court looks at facts, not guesses.

How to Ask for an Adjustment

To start an adjustment, file a form with the court. Show proof of the change. The clerk sets a hearing date.

At the hearing, tell the judge your story in plain words. Bring the list of costs. If the judge agrees, they sign a new order that replaces the old support rule.

  • Collect pay proof
  • List child costs
  • File motion

Finalizing Florida Act Support Order

When finalizing a Florida Act support order, the court must verify that all child support obligations reflect the triggers established under Florida Statute 61.187. These triggers mandate reconsideration of support amounts upon specified changes in income, custody, or statutory guidelines before the order is entered.

The finalized decree should explicitly incorporate the 61.187 child support triggers and any authorized deviations, ensuring the clerk’s record creates an enforceable obligation. Parties must receive the signed order to commence compliance and potential enforcement actions.

Reference Sources

  1. Florida Senate – flsenate.gov
  2. Florida Courts – flcourts.org
  3. The Florida Bar – floridabar.org

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