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Florida Statute § 61.30

How to File for Child Support in Florida

Complete step-by-step guide to establishing child support through Florida Department of Revenue or private court action

Quick Facts
Primary Venue
Circuit Court
F.S. § 61.011
DOR Services
Free for eligible families
FL Dept of Revenue
Primary Form
Financial Affidavit (12.902(b)/(c))
Florida Courts Forms
Calculation Worksheet
Form 12.902(e) required
FL Courts Form 12.902(e)

Overview: Two Paths to Child Support

In Florida, you have two primary options for establishing child support:

  1. Florida Department of Revenue (DOR) Services: Free government services for Title IV-D cases (recommended for most families)
  2. Private Court Action: File directly with Circuit Court (faster if both parents cooperate, but requires filing fees or attorney)

This guide covers both paths in detail. Most Florida families use DOR services due to cost-effectiveness and comprehensive enforcement support.

Path 1: Florida Department of Revenue Services (Recommended)

The Florida Department of Revenue Child Support Program is Florida's Title IV-D agency, providing comprehensive child support services at no cost to eligible families.

Step 1: Apply for DOR Services

You can apply online, by mail, or in person at your local DOR Child Support office:

  • Online Application: Visit floridarevenue.com/childsupport and complete the online application form
  • Mail Application: Download and print application, complete it, and mail to your county DOR office
  • In-Person: Visit local DOR Child Support office during business hours

Who Qualifies: Families receiving TANF (Temporary Assistance for Needy Families) are automatically enrolled. Other families may apply if they need help establishing or enforcing child support.

Step 2: Provide Required Information

You'll need to provide:

  • Your full name, address, phone number, Social Security number
  • Other parent's full name, address (if known), Social Security number, date of birth, employer information
  • Child's full name, date of birth, Social Security number
  • Birth certificate(s) for child(ren)
  • Marriage certificate (if applicable) or acknowledgment of paternity
  • Any existing court orders related to custody or support

Step 3: DOR Locates Other Parent (if needed)

If you don't know the other parent's location, DOR uses state and federal databases to locate them:

  • State and federal employment databases
  • IRS records (address from tax filings)
  • Department of Motor Vehicles records
  • Utility and banking records (with court authorization)
  • Credit bureau information

Step 4: Establish Paternity (if needed)

If parents were unmarried and paternity is not established:

  • Voluntary Acknowledgment: Both parents sign an Acknowledgment of Paternity form (typically at hospital at birth, or later through DOR or Vital Statistics)
  • Genetic Testing: If father contests paternity, DOR arranges court-ordered DNA testing at no cost to parents
  • Court Order: If paternity is contested, DOR files petition with Circuit Court to establish paternity through judicial proceedings

Step 5: DOR Files Court Action

Once paternity is established (or not in question), DOR files an administrative or judicial action to establish the support order. DOR handles:

  • Preparing and filing all court documents
  • Serving the other parent
  • Gathering financial information from both parents
  • Calculating guideline support amount using F.S. § 61.30

Step 6: Attend Hearing or Conference

Both parents will be notified of a hearing date. You must attend. DOR attorney represents the state's interest in establishing support (not either parent specifically). If both parents agree to the calculated amount, the order is entered immediately. If contested, a hearing is held where the judge determines the appropriate amount.

Step 7: Child Support Order Entered and Enforcement Begins

Once the court enters the support order:

  • Income Withholding Order: Automatically sent to obligor's employer (immediate and mandatory under F.S. § 61.1301)
  • State Disbursement Unit: Processes all payments and maintains records
  • Ongoing Enforcement: DOR monitors compliance and takes enforcement action if payments are missed

Path 2: Private Court Action

If you prefer to file directly with the court (typically when both parents cooperate or you want faster resolution), follow these steps:

Step 1: Download Required Forms

Visit Florida Courts Family Law Forms and download:

  • Petition for Support Unconnected with Dissolution of Marriage (Form 12.983(a)): If parents were never married
  • Family Law Financial Affidavit (Form 12.902(b) or 12.902(c)): Short form for income under $50,000/year, long form for income over $50,000/year
  • Child Support Guidelines Worksheet (Form 12.902(e)): Calculates guideline support amount
  • Petition to Determine Paternity (if needed): To establish paternity as part of the case
  • Notice of Social Security Number (Form 12.902(j)): Required for all parties

Step 2: Complete Financial Affidavit

The Financial Affidavit is a sworn statement of your income, assets, liabilities, and expenses. You must complete it accurately and completely:

  • Income Section: Include all sources (wages, self-employment, bonuses, rental income, investment income, etc.)
  • Deductions: List allowable deductions per F.S. § 61.30 (taxes, FICA, mandatory retirement, health insurance, etc.)
  • Assets & Liabilities: List all real property, vehicles, bank accounts, retirement accounts, debts
  • Monthly Expenses: Housing, utilities, food, transportation, childcare, healthcare, etc.

Attach supporting documents: Last 3 pay stubs, last 2 years' tax returns, W-2s, proof of childcare expenses, proof of health insurance costs.

Step 3: Complete Child Support Guidelines Worksheet

Form 12.902(e) calculates the presumptive child support amount under F.S. § 61.30:

  1. Enter each parent's monthly net income (from Financial Affidavit)
  2. Calculate combined monthly net income
  3. Look up basic obligation from statutory schedule (for combined income and number of children)
  4. Add monthly health insurance cost for child(ren)
  5. Add monthly childcare costs
  6. Calculate each parent's percentage share of combined income
  7. Allocate total obligation based on percentage shares
  8. If substantial time-sharing (73+ overnights), apply gross-up method (multiply basic obligation by 1.5, then cross-multiply by overnight percentages)

See our Florida Formula Guide for detailed calculation steps.

Step 4: File Petition with Circuit Court

Take your completed forms to the Circuit Court clerk in the county where:

  • The child resides, or
  • Either parent resides (if child does not reside in Florida), or
  • The other parent can be found (if neither parent nor child resides in Florida)

Filing Fee: Varies by county but typically ranges from $300-$450. You can request a fee waiver if you cannot afford the filing fee by completing an Application for Determination of Civil Indigent Status (available at clerk's office).

Step 5: Serve the Other Parent

After filing, you must serve the other parent with copies of all filed documents. Service must be by:

  • Sheriff or certified process server: Most common method
  • Certified mail: If other parent agrees to accept service by mail (must sign acknowledgment)

You cannot serve the papers yourself. After service is complete, the server files a proof of service with the court.

Step 6: Exchange Financial Information

Under Florida Family Law Rules, both parties must exchange:

  • Completed Financial Affidavits
  • Last 3 years' tax returns
  • Last 3 months' pay stubs or income documentation
  • Proof of health insurance costs and childcare expenses

This is called mandatory disclosure and must occur within 45 days of service of the petition.

Step 7: Attend Mediation (if required)

Many Florida circuits require mediation before trial. A neutral mediator helps both parents reach agreement on support amount, time-sharing, and other issues. If you reach agreement, the mediator prepares a written agreement for court approval.

Step 8: Court Hearing

If you don't settle in mediation, a judge will hold a hearing:

  • Both parents testify about income, expenses, and circumstances
  • Court reviews Financial Affidavits and Child Support Guidelines Worksheet
  • Court applies F.S. § 61.30 income shares formula
  • Court determines if deviation from guidelines is warranted
  • Court enters Final Judgment establishing child support amount

Step 9: Obtain Final Judgment and Setup Payment Processing

After the hearing, obtain a certified copy of the Final Judgment from the clerk. The judgment will include:

  • Monthly child support amount
  • Health insurance responsibility
  • Childcare expense allocation
  • Uninsured medical expense allocation
  • Income Withholding Order (mandatory under F.S. § 61.1301)

The Income Withholding Order is sent to the obligor's employer, who deducts support from paychecks and remits to the State Disbursement Unit (SDU). SDU processes payments and distributes to the custodial parent.

Establishing Paternity

If parents were not married when the child was born, paternity must be established before support can be ordered:

  • At Birth: Most hospitals offer Acknowledgment of Paternity forms immediately after birth. Both parents sign, and it's filed with Vital Statistics.
  • After Birth: Parents can complete and sign the form at any DOR office, Vital Statistics office, or health department, then file with Florida Vital Statistics.
  • Genetic Testing: If father denies paternity, DNA testing is court-ordered. If test shows 95%+ probability of paternity, father is legally established as parent.
  • Court Adjudication: If father contests results or other issues arise, Circuit Court holds hearing and enters order establishing paternity.

Interstate Cases (UIFSA)

Florida has adopted the Uniform Interstate Family Support Act (UIFSA) under F.S. Chapter 88. This allows:

  • Florida residents to establish support orders against non-residents
  • Registration and enforcement of out-of-state orders in Florida
  • Coordination between states' IV-D agencies

If the other parent lives in another state, contact Florida DOR. They will coordinate with the other state's child support agency to establish or enforce the order. Interstate cases take longer (often 12-18 months) due to coordination requirements.

Expected Timeline

Typical Timeframes
Agreed Case (both parents cooperate)1-3 months
Contested Case (no agreement)6-12 months
Paternity Establishment Required+3-6 months
Interstate Case12-18 months
Income Withholding Begins After Order1-2 pay periods

Filing Costs and Fee Waivers

DOR Services: Free for eligible families (no application fee, no attorney fees, no court costs paid by applicant).

Private Filing Costs:

  • Circuit Court filing fee: $300-$450 (varies by county)
  • Service of process: $40-$100 (sheriff or process server)
  • Attorney fees (if you hire one): $2,000-$10,000+ depending on complexity

Fee Waiver: If you cannot afford filing fees, complete an Application for Determination of Civil Indigent Status at the Circuit Court clerk's office. If approved, court waives filing fees and service costs.

Tips for Success

  • Be Organized: Gather all financial documents before starting
  • Be Honest: Provide accurate information on all forms (penalties for perjury apply)
  • Keep Records: Make copies of all filed documents and correspondence
  • Meet Deadlines: Respond to all court notices and DOR requests promptly
  • Attend All Hearings: Failure to appear may result in default judgment
  • Use Our Calculator: Get an estimate of guideline support using our Florida Calculator
  • Consider Legal Help: For complex cases (high income, deviation issues, contested paternity), consult a Florida family law attorney

After the Order is Entered

Once your child support order is in place:

  • Income Withholding: Automatic paycheck deduction begins (employer sends payments to SDU)
  • State Disbursement Unit: Processes all payments and maintains records
  • Payment Tracking: You can check payment history online through DOR portal
  • Enforcement: If obligor misses payments, DOR takes enforcement action (see our Enforcement Guide)
  • Modifications: If circumstances substantially change, either parent can request modification

For a complete understanding of Florida child support, also review:

Frequently Asked Questions

Related Resources

Florida Child Support Calculator

Calculate estimated support before filing.

Enforcement Guide

Learn about enforcement after order is entered.

References & Accuracy

Editorial Review

Last Reviewed: January 19, 2025

Next Review: July 19, 2025

Reviewed By: TheDivorceCalc Editorial Team

Primary Legal Sources