Overview of Florida Deviation Authority
Florida Statute § 61.30 establishes the Child Support Guidelines Schedule as the presumptive minimum amount of support required. However, the statute recognizes that a one-size-fits-all approach cannot address every family's unique circumstances. Under F.S. § 61.30(11)(a), courts may deviate from the guideline amount if deviation is in the best interests of the child.
Unlike some states that limit judicial discretion with rigid formulas, Florida grants courts significant flexibility to adjust support based on specific facts. This discretion is balanced by a requirement for written findings explaining the reasons for any deviation.
Legal Standard for Deviations
The guidelines amount is a rebuttable presumption that represents the minimum amount required for the child's support. To deviate from this amount, the court must:
- Find that deviation is in the child's best interests
- Provide written findings stating the specific reasons for the deviation
- Consider one or more of the statutory deviation factors
The party seeking a deviation bears the burden of proof to demonstrate why the guideline amount is inappropriate.
Statutory Deviation Factors
Florida Statute § 61.30(11)(a) lists specific factors courts may consider when deviating from the guidelines:
Extraordinary medical, psychological, educational, or dental expenses. This includes costs for children with disabilities, chronic health conditions, learning disabilities, or specialized educational needs not covered by the basic obligation.
Income from trusts, estates, inheritances, or other sources available to the child. Courts may reduce the guideline amount if the child has substantial independent income.
Parents with seasonal employment or income fluctuations (e.g., agricultural workers, teachers, construction workers) may warrant deviations to account for variations in earning capacity throughout the year.
Younger children may require more intensive childcare, while teenagers may have higher costs for activities, transportation, and college preparation. Courts also consider other children or dependents supported by each parent.
Significant assets (real estate, investment accounts, businesses) that don't generate current income may justify higher support amounts, particularly in high-net-worth cases.
Tax benefits such as the Child Tax Credit, Earned Income Tax Credit, and dependency exemption may affect the equitable distribution of support obligations.
While standard childcare is already factored into the calculation, extraordinary costs (specialized care for disabled children, unusual schedule requirements) may warrant additional consideration.
When parents live far apart, significant travel costs for exercising time-sharing may justify deviations. Courts must consider the standard of living the child would have enjoyed if the parents remained together.
This catch-all provision allows courts to consider any other factors necessary for an equitable result that serves the child's best interests.
High-Income Deviations (Above $10,000/Month)
One of the most common deviation scenarios occurs when combined parental net income exceeds $10,000 per month. At this threshold, the statutory guidelines schedule ends, and F.S. § 61.30(6) provides a percentage-based formula.
In high-income cases, courts must ensure the amount ordered:
- Meets the child's actual needs and reasonable standard of living
- Reflects the parents' financial resources and earning capacity
- Maintains the lifestyle the child would have enjoyed if the family remained intact
However, courts are not required to automatically apply the percentage formula. Instead, they must make case-specific determinations based on the child's proven needs and parental ability to pay.
Burden of Proof and Evidence
The party seeking a deviation must present clear and convincing evidence demonstrating why the guideline amount is inappropriate. This typically requires:
- Documentary Evidence: Medical bills, therapy invoices, tuition statements, special education assessments
- Expert Testimony: Doctors, therapists, educational specialists explaining special needs
- Financial Records: Detailed income and expense documentation
- Comparative Analysis: Showing the child's pre-separation lifestyle and current needs
Written Findings Requirement
Under F.S. § 61.30(11)(a), any deviation from the guidelines must be accompanied by written findings that:
- State the amount of support that would have been required under the guidelines
- State the amount of support actually ordered
- Explain the specific reasons for the deviation
- Reference the specific factors considered
Failure to provide adequate written findings is grounds for appellate reversal.
Downward Deviations (Reducing Support)
While most deviations increase support above the guidelines, downward deviations are possible but rare. Courts may reduce support below the presumptive minimum only if:
- The child has substantial independent income
- Special circumstances make the guideline amount inequitable
- The deviation is clearly in the child's best interests
Courts are generally reluctant to order less than the guidelines minimum, as Florida law prioritizes the child's financial security.
Appellate Review of Deviations
Deviation decisions are reviewed under an abuse of discretion standard. Appellate courts will uphold a deviation if:
- The trial court made adequate written findings
- The findings are supported by competent substantial evidence
- The deviation serves the child's best interests
However, appellate courts will reverse if the trial court failed to adequately explain its reasoning or if the deviation is not supported by the record.
Practical Considerations
If you believe your case warrants a deviation from Florida's child support guidelines:
- Document Everything: Gather detailed records of special expenses or circumstances
- Consult Experts: Obtain professional assessments for special needs
- Calculate Guidelines First: Use our Florida Calculator to establish the baseline amount
- Legal Representation: Deviation cases often require skilled legal advocacy
- Be Specific: Clearly articulate how deviation serves the child's best interests
Related Topics
For a complete understanding of Florida child support, also review:
- Florida Child Support Formula Guide – Understand the baseline calculation
- Florida Enforcement Guide – Learn about compliance and remedies
- How to File in Florida – Step-by-step filing instructions