When parents divorce, making sure their children receive financial support becomes one of the most important issues to address. Under Florida law, both parents have a legal obligation to contribute to their child’s financial needs, and family courts can issue an order specifying exactly how much the non-custodial parent must pay.
If you’re a parent in Orlando who needs to pursue child support, learning about how the process works can help you feel more prepared. Here’s a walkthrough of how to apply and where to turn if you need help along the way.
Where to File for Child Support in Orlando
In Orange County, there are two main ways to apply for child support:
Florida Department of Revenue
The first is through the Florida Department of Revenue (DOR), which runs the state’s Child Support Program. You can apply online through the DOR’s website or visit a local child support office in person. The DOR allows parents to apply online and can help establish paternity, locate the other parent, and pursue a support order.
Orange County Family Court
The second option is to file a petition directly through the Orange County family court. This route is more common when child support is being addressed as part of a case that’s already in progress. Filing through the court gives you more direct control over the process, though it typically involves attorney fees and court costs.
Which path makes sense depends on your circumstances. If your case is straightforward, the DOR may be all you need. If there are contested issues like custody or timesharing that need to be resolved at the same time, filing through the court with an attorney’s help is usually the better approach.
How Florida Calculates Child Support
Florida uses an “Income Shares Model” to determine child support amounts. The idea behind this model is that children should receive the same proportion of parental income they would have enjoyed if the family had stayed together.
The calculation is governed by Florida Statute § 61.30 and takes into account several key factors:
- Each parent’s net monthly income
- The number of children covered by the order
- The cost of health insurance for the children
- Daycare and childcare expenses
- The number of overnight stays each parent has per year
The court plugs these figures into a formula outlined in the statute to arrive at a presumptive support amount. Judges can deviate from that number by up to 5% without a specific finding, or by more than 5% if they provide a written explanation for the adjustment.
What Happens After a Child Support Order Is Entered
Once the court issues a support order, the paying parent is legally required to comply. In most cases, payments are processed through the Florida State Disbursement Unit, and many orders include an income deduction requirement that takes the payment directly from the paying parent’s paycheck.
If the other parent falls behind on payments, the DOR and the court have several enforcement tools available, including:
- Wage garnishment
- Interception of tax refunds
- Liens against property and financial accounts
- Suspension of the other parent’s driver’s license
- Contempt of court proceedings in more serious situations
On the other hand, if circumstances change significantly for either parent, such as a job loss, the court can modify the existing order. You’ll need to file a petition showing a substantial change in circumstances to get that process started.
Contact the Orlando Family Child Support Attorneys at Conti Moore Law Divorce Lawyers, PLLC for Help Today
Applying for child support can feel complicated, but you don’t have to figure it all out on your own. Conti Moore Law Divorce Lawyers, PLLC can guide you through the process and help protect your child’s financial interests. Our experienced Orlando child support lawyers can walk you through the process and make sure the final order reflects what your child is entitled to.
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
