The short answer is No. But what if both parents agree? The answer is still No. Florida statutes

§ 61.13 and 61.30 are the Florida laws that governs child support in the state of Florida. Child

support is calculated using a specific, and sometimes archaic, formula that includes factors such

as the number of overnights each parent has with the child, the incomes of the parents, the cost

of health insurance and/or healthcare for the child and which parent covers this, the cost of

childcare services for the child (if necessary for the parents to work), and other related factors.

Even if both parents agree on how much child support one parent would pay the other, the

support must be in the child’s best interest. It’s only in the child’s best interest if the support

amount covers what is reasonably necessary for a parent to provide appropriate care for a child.

Florida has come up with a number that varies depending on household sizes and income, that

tells the Court what the State of Florida thinks is an “appropriate” amount of support each child

should receive from each parent.

The only part of child support that can be waived by a parent is retroactive child support or

arrears. Retroactive child support is support that is calculated backwards, up to 24 months in

Florida, and applied to a case where a child has not received financial support from one of the

parents. Arrears is child support that has been established by a Court Order or administrative

Order that accumulates over time because the obligated parent does not pay their court-ordered

support. Under Florida Law, the parent that is owed the child support is the person that that can

waive these.

While child support cannot be waived or avoided, the amount of child support that a parent has

to pay can vary from the standard mathematical equation that generally applies, depending on

each family’s circumstances. For instance, if the parents live in separate states and a parent

assumes a lot of travel expenses to see their child, that parent’s child support can be “offset” by

the amount they pay in travel costs to visit with their child. Likewise, if a child has exuberant

medical expenses or special needs, and the standard child support provided by Florida law is

insufficient to provide adequate care for the child, a child support order can be more than what

the standard law requires.

Additionally, while support cannot be waived or avoided, child support does not have to be a

“fixed” number. Child support can fluctuate over time, and it can be modified to meet the needs

of the child depending on changes in the parent’s circumstances. If a parent’s income has

increased or decreased resulting in the appropriate support changing by at least 15% or $50.00,

whichever is greater, or if a parent stops exercising their timesharing, child support can be

recalculated or adjusted to meet the needs of the child. However, it’s important to know that this

is not automatic. Child support can only be modified if a parent asks the Court to modify it based

upon a substantial change in circumstances. Also, it cannot be modified retroactively. Child

support can only be modified from the date it is specifically requested in Court proceedings,

going forward. If your income changed 4 years ago and you never sought a modification, you

cannot seek one retroactively. The only time child support can be modified “backwards” is if a

parent stops exercising timesharing. Then, a court will calculate child support dating back to the

date that parent stopped exercising their timesharing.

While child support can seem straight forward, a lot of variables can be factored in that would

change the child support award, and every family is different. Contact one of our attorneys if you

have any questions regarding child support, and we will be happy to assist you.