Child Support Lawyer in Melbourne, FL
Child support is meant to give your children the same financial support they would have received if the family had stayed together. Whether you are establishing support for the first time, responding to a request, or trying to change an order that no longer fits, the numbers and the rules matter. At Brunelli Law, P.A., attorney Marjorie Brunelli helps parents in Melbourne and across Brevard County get child support right — the first time and over time. We serve families in Palm Bay, Rockledge, Cocoa, Satellite Beach, Merritt Island, and Viera, and we assist clients in English and Portuguese.
How Florida Calculates Child Support
Florida uses a statewide “income shares” model set out in Florida Statutes section 61.30. The idea is simple: the law estimates what parents at a given combined income level typically spend on their children, then divides that amount between the parents in proportion to their incomes. Because the guidelines are standardized, two families with similar numbers should reach similar results, which makes the outcome more predictable.
What Goes Into the Calculation
The guideline worksheet pulls together several pieces of information for each parent:
- Each parent’s net income, calculated from gross income (wages, self-employment, bonuses, and other sources) minus allowable deductions like taxes and certain mandatory withholdings
- The number of overnights each parent has under the time-sharing schedule, which can adjust the support amount, especially when a parent has a substantial share of overnights
- The cost of the children’s health insurance and reasonable, predictable uncovered medical expenses
- Work-related childcare costs, such as daycare or after-school care needed so a parent can work or pursue education
Getting these inputs right is where cases are won or lost. An accurate, well-documented worksheet protects you whether you pay or receive support.
Deviating From the Guideline Amount
The guideline figure is a starting point. A court can order more or less than the guideline amount when the standard calculation would be unjust, but it must explain why in writing. Florida allows deviations of more than five percent only with written findings. Reasons can include extraordinary medical or educational needs, particular parenting-time arrangements, or other relevant circumstances. The court keeps the child’s needs at the center.
Modifying an Existing Order
Life changes, and a support order can change with it. To modify child support in Florida, you generally must show a substantial change in circumstances, such as a significant shift in either parent’s income, a change in the time-sharing schedule, or a change in childcare or insurance costs. As a rule of thumb, a change that produces at least a 15 percent or $50 difference (whichever is greater) in the guideline amount is considered substantial. Support is not changed retroactively before the date you file, so acting promptly protects your rights.
Enforcing a Support Order
A support order only helps if it is followed. When a parent falls behind, Florida offers several enforcement tools, including income withholding (wage garnishment), interception of tax refunds, suspension of driver’s and professional licenses, liens, and contempt proceedings that can carry serious penalties. Unpaid support accrues, and it generally cannot be wiped out in bankruptcy. We help parents pursue what their children are owed and help paying parents respond to enforcement actions before they escalate.
This is general information, not legal advice. Reading it does not create an attorney-client relationship.
Child Support FAQ
Can parents just agree on a child support amount?
Parents can agree, but the court must review the agreement against the guidelines. A judge will not approve an amount that fails to meet the children’s needs, and any agreed deviation needs a stated reason.
Does more overnight time lower my child support?
It can. The number of overnights each parent has is built into the guideline calculation, and a substantial share of overnights can adjust the amount. It is one factor among the incomes and expenses, not the only one.
What if the other parent is hiding income or refusing to work?
Florida courts can impute income to a parent who is voluntarily unemployed or underemployed, meaning the court calculates support based on what that parent could reasonably earn rather than what they report.
When does child support end in Florida?
Support generally continues until a child turns 18, or until 19 if the child is still in high school and on track to graduate. Support may continue longer for a child with a qualifying disability that began before adulthood.
Can I stop paying support if I’m denied time-sharing?
No. Child support and time-sharing are treated as separate obligations. Withholding support because you are being denied time can expose you to enforcement. The proper path is to address the time-sharing issue in court.
How far back can past-due support be collected?
Past-due support (arrears) does not simply disappear. It continues to be owed and can accrue interest, and Florida has strong tools to collect it over time, including after the children are grown.
Get Clear Answers on Child Support
Whether you are setting up support, defending against an unfair number, or enforcing an order that is being ignored, attorney Marjorie Brunelli can help you understand where you stand. Call 321-350-0013 to schedule a consultation. We serve parents throughout Brevard County and assist clients in English and Portuguese.