August 28, 2025
When parents with children divorce, the court orders child support to ensure the children’s needs are met. For high-income earners or families with complex financial portfolios, calculating child support becomes significantly more involved.
Florida uses statutory guidelines to calculate a baseline child support amount. However, these formulas do not always capture the financial realities of affluent households, where children often maintain a specific lifestyle and family finances extend beyond basic income.
A lawyer can explain how Florida law addresses these complex situations and help you prepare for the process.
Florida’s Basic Child Support Formula
Florida child support is primarily governed by Florida Statute §61.30, which provides a formulaic, income-based method for calculating support.
The state’s Child Support Guidelines Worksheet uses several key financial figures to arrive at a support amount:
- Each parent’s monthly net income
- The number of minor children
- Costs for the children’s health insurance and daycare
- The number of overnights the children spend with each parent annually
The law directs parents to combine their net incomes to find a presumptive child support amount in the statutory guidelines chart. For example, the guidelines may show a basic monthly obligation of $2,836 for two children with a combined monthly net income of $10,000. This base amount is then allocated between the parents based on their percentage share of the combined income.
The final award adjusts based on each parent’s share of health insurance, childcare costs, and the number of overnights each parent has with the children. If each parent has the children for at least 20% of the year’s overnights (73 nights), the court applies a more complex calculation that considers the costs of supporting the children in two separate households.
Does that sound complicated? Then call a divorce lawyer and let them break it down for you.
What Counts as Income in Florida?
For most middle-income families, income is relatively straightforward: salary, bonuses, and standard employment benefits. However, in high-net-worth divorces, determining income becomes more nuanced.
Florida law includes a broad definition of income for child support purposes. This includes:
- Salaries and wages
- Bonuses and commissions
- Dividends and interest
- Rental income
- Trust income
- Distributions from partnerships, LLCs, or S-Corps
- Capital gains
- Pension, retirement, and annuity income
- Imputed income (if a parent is voluntarily unemployed or underemployed to avoid a child support obligation)
Your child support lawyer will ensure you consider all income properly in the calculations.
High-Net-Worth Complications: Beyond the Guidelines
Florida’s child support guidelines are capped at a combined net monthly income of $10,000. However, many high-income families exceed that threshold. So what happens when your income goes beyond the limit?
The Court Has Discretion
Florida’s child support guidelines chart stops at a combined monthly net income of $10,000. When parents’ combined income exceeds this amount, the law gives judges discretion.
The law establishes a presumptive minimum child support amount for incomes over the guidelines. To calculate this, you determine the amount listed for $10,000 and add a percentage of the combined net income over $10,000.
- One Child: Add 5% of income over $10,000
- Two Children: Add 7.5% of income over $10,000
- Three Children: Add 9.5% of income over $10,000
A judge can then adjust this amount up or down based on the child’s needs, the standard of living they enjoyed during the marriage, and each parent’s financial circumstances.
The court will consider expenses that maintain the child’s standard of living, which for affluent families may include:
- Private schooling
- Extracurriculars (sports, music, travel)
- Luxury housing or multiple residences
- International travel
- Trusts or investment accounts
- Nanny or in-home care
The non-custodial parent may be ordered to contribute to these expenses, even if they’re not explicitly listed in the guidelines.
Imputation of Income
If a wealthy parent tries to reduce their child support obligations by voluntarily taking a lower salary, retiring early, or hiding assets, the court may impute income. This would assign them an income level based on their earning history, qualifications, or financial resources.
This is particularly relevant for:
- Entrepreneurs who reinvest profits into their business
- Passive investors with irregular cash flow
- Retired executives with substantial assets but no W-2 income
- High-net-worth individuals shifting assets to trusts or offshore accounts
Courts will look beyond tax returns and request extensive financial disclosures, including bank records, investment portfolios, K-1s, and real estate holdings. Forensic accountants are often brought in to paint a full picture of income.
Modifications and Enforceability
A court can modify a child support order if a parent shows a substantial, permanent, and involuntary change in circumstances. For high-income individuals, temporary stock market dips or short-term business downturns may not meet this standard.
Valid grounds for modification often include:
- Loss of income (not self-inflicted)
- Significant increase in income by either party
- Changes in parenting time
- Change in the child’s needs
Child support obligations are not dischargeable in bankruptcy. Florida courts strictly enforce these orders, and a failure to pay can lead to wage garnishment, asset seizure, driver’s license suspension, and incarceration.
Special Considerations in High-Asset Cases
Here’s how high-net-worth divorces add complexity to child support:
Complex Asset Valuation
Many affluent families have non-liquid assets like real estate, investment portfolios, private equity, or business interests. These must be appraised to determine actual income and value.
Prenuptial or Postnuptial Agreements
While child support can’t be waived in a prenup, these agreements may affect asset distribution, alimony, or the lifestyle the child has become accustomed to—all of which can influence child support outcomes.
Hidden Income or Asset Shielding
Some spouses attempt to underreport income or obscure assets. Attorneys often work with forensic accountants to trace hidden funds, assess lifestyle, and uncover deceptive financial maneuvers.
Children with Special Needs
High-income parents may be required to provide ongoing support beyond age 18 for children with physical or mental disabilities.
Private Education and Extracurriculars
Courts may order a parent to contribute to or fully cover private school tuition, tutors, and enrichment programs if the child previously enjoyed these privileges.
Tax Implications
Child support payments are not tax-deductible for the payer and are not considered taxable income for the recipient. However, the structure of income, particularly in high-net-worth cases, can affect tax liability.
In some cases, it may be strategically beneficial to negotiate how income is characterized, especially when combined with spousal support (which can have different tax implications).
Benefits of Working With a Child Support Attorney
High-net-worth child support cases require specific legal and financial experience. If you’re involved in a divorce where significant assets, irregular income, or complex compensation are involved, a knowledgeable child support attorney can help:
- Accurately calculate support obligations
- Protect your financial interests
- Uncover hidden income or manipulation
- Structure settlements that reflect your child’s needs and your financial reality
Florida Child Support FAQs
Can parents agree on a child support amount without going to court?
Yes, parents can agree on a child support amount and submit a settlement agreement to the court for approval.
However, a Florida court will not approve an agreement that does not provide for adequate support for the children or is not in the children’s best interests. Any deviation from the guideline amount must be justified in writing and approved by a judge.
What happens to child support if my income comes from fluctuating investments?
Courts handle fluctuating income by looking at earning history over a period of time to establish an average for calculating support. They may review several years of tax returns, investment statements, and other financial records to determine a fair and representative income level.
For a modification, a temporary dip in investment value is usually not enough. The court will look for a substantial and permanent change.
Does a parent have to pay for a child’s college expenses in Florida?
Under Florida law, a parent’s legal obligation to pay child support typically ends when a child turns 18, or 19 if they are still in high school and reasonably expected to graduate.
The court cannot order a parent to pay for college expenses. However, parents can contractually agree to pay for college in a marital settlement agreement, which then becomes an enforceable court order.
Is a parent required to maintain life insurance to secure a child support obligation?
Yes, a Florida court can order a parent to purchase or maintain a life insurance policy to secure their child support obligation. This ensures that funds will be available to support the children in the event of the paying parent’s death.
The amount of the policy is typically tied to the total remaining support obligation. You can find this provision in Florida Statute § 61.13.
Speak With a Skilled Florida Child Support Attorney Today
Florida’s child support laws are designed to ensure children receive adequate financial support from both parents. But in high-income or high-asset divorces, the calculations often go beyond simple formulas.
If you’re a high-net-worth individual facing divorce or child support issues, you need more than just a basic understanding of the law—you need a strategic advocate who can navigate complex finances, negotiate from a position of strength, and protect your child’s standard of living.
Work with a law firm with extensive experience handling complex family law matters involving substantial income, business ownership, and significant assets. Whether you’re pursuing or defending a claim, our child support lawyer will protect your rights and your child’s best interests. Contact us today!