Child support is a critical issue for families across Florida, and the state has a comprehensive system to ensure that children receive the support they need. However, the child support standard for high-income earners has been criticized and debated in recent years. In this article, we will explore some of the negative aspects of the child support standard for high-income earners in Florida.[i]

One of the primary criticisms of the child support standard for high-income earners is that it can lead to inequity in child support payments.[ii] The child support guidelines in Florida are based on a formula that takes into account factors such as the parents’ incomes and the child’s needs. However, the formula used to calculate child support payments is often seen as unfair for high-income earners.

Under the current guidelines, child support payments are calculated based on the first $10,000 of a parent’s net monthly income. Beyond that, child support payments are determined by the judge’s discretion. This means that high-income earners may end up paying significantly more or less in child support than what is actually needed to support their children.

Another negative aspect of the child support standard for high-income earners is that it can place a significant financial burden on the paying parent. High-income earners may be required to pay a substantial amount in child support, even if the payments are not proportional to the child’s actual needs. This can result in a significant reduction in disposable income for the paying parent, which may impact their ability to meet their financial obligations.[iii]

Moreover, the child support standard for high-income earners may not take into account the specific circumstances of the family. For example, a high-income earner may have other children to support or significant financial obligations, such as mortgage payments or medical expenses. The current guidelines do not provide a mechanism for considering these factors, which can lead to unfair outcomes.

Another issue with the child support standard for high-income earners is that it limits the discretion of judges in determining child support payments.[iv] The guidelines provide a formula that judges are required to follow, which can lead to outcomes that are not in the best interests of the child or the family. For example, a judge may be required to order a high-income earner to pay a significant amount in child support, even if the payment is not proportional to the child’s actual needs.

Finally, the child support standard for high-income earners can be inflexible when it comes to modifying child support payments. Once a child support order has been established, it can be difficult to modify the payment amount, even if the circumstances of the family have changed.[v] For example, if the paying parent experiences a significant decrease in income or the child’s needs change, it may be challenging to modify the child support payment to reflect these changes.

This inflexibility can lead to ongoing financial stress for the paying parent and may prevent the family from meeting its actual needs. Moreover, it can result in disputes and legal battles that are costly and time-consuming.

The child support standard for high-income earners in Florida has been the subject of criticism and debate in recent years. Critics argue that the current guidelines can lead to inequity in child support payments, place a significant financial burden on high-income earners, limit judicial discretion, and be inflexible in modifying child support payments. It is essential to continue to examine the child support guidelines to ensure that they are fair and equitable for all families, regardless of income level.

[i] See Dominique Sciullo-Craig, When Is Enough, Enough? Child Support Issues Involving a High Net-Worth Parent, Law.com (Mar. 29, 2021), https://www.law.com/dailybusinessreview/2021/03/29/when-is-enough-enough-child-support-issues-involving-a-high-net-worth-parent/?slreturn=20230307005419 (discussing the negative implications of Florida’s child support standard for high-income parents).

[ii] See Florida Child Support: Florida Family Law, Fla. L. Advisers, P.A. (Apr. 6, 2023), https://www.floridalegaladvice.com/blog/child-support/.

[iii] See Laura W. Morgan, Child Support and the High Income Parent: Uses and Misuses of the Good Fortune Trust, The Fla. Bar (June 1998), https://www.floridabar.org/the-florida-bar-journal/child-support-and-the-high-income-parent-uses-and-misuses-of-the-good-fortune-trust; see also Finley v. Scott, 687 So. 2d 338 (Fla. 5th DCA 1997) (“While we agree that $5,000 is a “more reasonable” monthly figure and thus more “equitable” than the $10,000 figure, unless it is tied to some evidence in the record, it remains merely a reduced “good fortune” award. It still has no relationship to the child’s actual needs.”)

[iv] See Jody Fisher, How Child Support is Calculated in Florida, Jody Fisher L. (Mar. 15, 2023), https://www.attorney-fisher.com/blog/2023/march/how-child-support-is-calculated-in-florida/.

[v] See Child Support, The Fla. Bar (Dec. 9, 2022), https://www.floridabar.org/practice-areas/child-support/ (“Typically the courts will only consider child support modifications when there is a substantial change in one of the parent’s circumstances or income.”).