When parents separate or divorce, one of the most important issues to address is child support. In Florida, many parents assume that they can come to a private agreement on how much support one parent will pay the other. While it might seem logical and straightforward to decide on an amount that works for both parties, Florida law doesn’t allow parents to simply agree on a child support figure without court involvement. This is because child support is considered the right of the child, not the parents, and the state has specific guidelines to ensure that the child’s needs are adequately met.
Florida’s Child Support Guidelines
In Florida, child support is determined by a set of guidelines established by state law. These guidelines take into account both parents’ income, the number of children, and the amount of time each parent spends with the children. The purpose of these guidelines is to ensure that the child’s financial needs are met consistently, regardless of the parents’ personal preferences or agreements.
Florida law requires that a Child Support Guidelines Worksheet be filed with the court in every case involving child support. This worksheet calculates the statutory amount of support based on the guidelines. Importantly, parents cannot deviate from this calculated amount by more than 5% without providing a written justification that the court must approve. Even if both parents agree on a different amount, the court has the final say and will only approve a deviation if it is in the best interests of the child.
Protecting the Child’s Best Interests
The primary reason parents cannot simply agree on a child support amount is that the state of Florida prioritizes the child’s best interests over the parents’ preferences. The court’s role is to ensure that any agreement made between the parents provides for the child’s well-being in a way that aligns with the law. This means that even well-intentioned agreements that seem fair to the parents might be considered insufficient by the court if they don’t align with the child support guidelines or if they exceed the 5% deviation limit without adequate justification.
The Role of Financial Disclosure
Another critical factor is financial disclosure. To calculate child support accurately, both parents must fully disclose their financial situations. This includes all sources of income, assets, and expenses. The court uses this information to determine the appropriate amount of support. Often, parents are unaware of how detailed this disclosure needs to be and may overlook certain financial aspects. The thorough disclosure process ensures that the support amount is based on accurate financial data, not just estimates or incomplete information.
The Consequences of Avoiding Court Approval
Attempting to bypass the legal process by privately agreeing on a child support amount can have serious consequences. If the agreed-upon amount is later found to be insufficient or if one parent decides to stop paying, the other parent may have no legal recourse to enforce the original agreement. Without a court order and the required worksheet, there is no mechanism to ensure that the child receives the necessary support.
Moreover, if one parent experiences a significant change in circumstances, such as a job loss or a substantial increase in income, the lack of a formal agreement can complicate efforts to modify the support amount. A court-approved child support order provides a clear, enforceable framework for addressing these changes.
Conclusion
While it may seem easier for parents to privately agree on child support, Florida law requires that all child support agreements go through the court, with the filing of a Child Support Guidelines Worksheet. This ensures that the child’s best interests are protected and that the support amount is fair, consistent with state guidelines, and within the permissible deviation limits. By working through the legal process, parents can avoid future disputes and ensure that their child’s financial needs are met now and in the future.
If you’re navigating a child support issue or have questions about how to proceed, it’s crucial to consult with an experienced family law attorney who can guide you through the process and protect your child’s best interests. Contact our office today 305-827-0100 to schedule a consultation and discuss your case.
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