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💸 5 Times You Might Owe Child Support (Even If You Make Less Money)

Posted by LEISA WINTZ | Jun 10, 2025 | 0 Comments

💸 5 Times You Might Owe Child Support (Even If You Make Less Money)

One of the most common misconceptions we hear is:

“I make less than my ex — so there's no way I'll owe support, right?”

Unfortunately, that's not how child support works in Florida. Our courts use a formula-based guideline that considers both incomes, yes — but also time-sharing (overnights), who pays for childcare or insurance, and even whether one parent is earning up to their potential.

Let's look at 5 real-life scenarios where you might owe support even with a smaller paycheck.

1️⃣ You Have Less Parenting Time

In Florida, time-sharing matters just as much as income.

If your co-parent has more overnights, even if they make more money, the court may assign you a support obligation to balance the caregiving load.

Example:

  • You earn $2,500/month
  • Your co-parent earns $4,000/month
  • But they have the kids 80% of the time
    ➡️ The child support formula may still say you owe support, because they're covering more daily expenses.

2️⃣ Your Co-Parent Pays for Childcare or Health Insurance

Another common situation: your co-parent pays for things like:

  • 🍼 Daycare
  • 🩺 Health insurance
  • 💊 Uninsured medical expenses

If they're covering these expenses and you're not contributing, the child support calculation will adjust to reflect that — possibly increasing your obligation.

Even with lower income, you may owe support to equalize the total cost of care.

3️⃣ You're Underemployed (or Not Working)

Florida courts don't just look at what you are earning — they look at what you could be earning.

If you're unemployed, underemployed, or intentionally working below your capacity, the court can impute income to you. That means it will pretend you're making what someone with your education, skills, and experience should be making.

And yes — the court can assign you a support obligation based on that imputed income, even if your actual paycheck is lower than your co-parent's.

4️⃣ You Agreed to Support in a Prior Case or Settlement

Child support can also be owed due to agreements made in:

📝 Marital settlement agreements

⚖️ Prior judgments

🤝 Mediated parenting plans

Unless formally modified by the court, those agreements are enforceable — even if your income has since decreased.

5️⃣ The Guidelines Just Say You Owe It

The Florida child support guidelines (Section 61.30, Florida Statutes) run on a mathematical formula that includes:

  • Each parent's net income
  • The number of children
  • Number of overnights
  • Medical, dental, and childcare costs

In many cases, the guideline numbers just come out that way — and you may owe child support, even when your co-parent earns more.

🧠 Bottom Line

Child support in Florida is not as simple as who makes more money. You might owe support because:

  • You spend less time with your child
  • Your co-parent is paying for key expenses
  • You're under-earning
  • You agreed to support previously
  • The formula just says so

💬 Confused? Frustrated? You're not alone. We help parents every week who find themselves on the wrong side of a support order they didn't expect.

✅ Need Help?

If you're facing a support order you don't understand — or want to know whether a modification is possible — we're here to help.

📲 Schedule a strategy session with our team.

📘 Or join our Free Florida Family Law Education Group for videos, worksheets, and more:

👉 https://diy-legal-by-family-matters-law-group.mn.co

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About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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