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Yes, child support can increase when child care costs go up in Florida, but only if the change qualifies as a substantial change in circumstances. Under Florida Statute § 61.30, child care expenses are factored directly into child support calculations. When daycare or after-school care costs rise significantly, the receiving parent may file a petition to modify the existing child support order. The court will evaluate whether the change results in at least a 15% or $50 difference in the monthly support obligation. An Orlando child support attorney can review your situation and guide you through the modification process.
How Florida Law Treats Child Care Expenses in Child Support
Florida uses the Child Support Guidelines under Florida Statute § 61.30 to calculate support obligations. Child care costs incurred due to employment, job search, or education are added directly to the basic obligation. This means both parents share the burden of work-related child care expenses proportionally based on their respective incomes.
The types of child care expenses typically included in support calculations are:
- Daycare for infants and toddlers
- After-school programs for school-age children
- Summer camp or care during school breaks
- Babysitting costs necessary for a parent to work
Florida law specifies that child care costs may not exceed the level required to provide quality care from a licensed source. If your child care expenses have increased substantially since your support order was established, this may warrant a review of your current arrangement.
When Does a Child Care Increase Justify a Support Modification?
Not every increase in child care costs will lead to a modification. Florida courts require a “substantial change in circumstances” that is significant, material, involuntary, and permanent. For child support modifications, the change must result in at least a 15% or $50 difference in the monthly support amount, whichever is greater.
Common scenarios that may support a modification request include:
- A child starting daycare when a parent returns to work
- Transitioning to a new, more expensive child care provider
- Increased costs due to extended hours or special programs
- Rising daycare rates in the Orlando area
Conversely, when child care expenses decrease significantly, such as when a child starts school and no longer needs full-time daycare, the paying parent may seek a reduction in support.
What Qualifies as Child Care Costs Under Florida Law?
Florida distinguishes between expenses that are included in child support calculations and those that are not automatically covered. Child care costs that qualify must be work-related or education-related and come from a licensed source.
Expenses typically covered include routine daycare, after-school care, and summer programs necessary for a parent to maintain employment. Expenses that generally do not qualify as standard child care include extracurricular activities like sports or music lessons, private school tuition (unless specifically ordered), tutoring services, and entertainment-related babysitting.
While these additional expenses are not automatically included, a judge may consider them under the court’s authority to deviate from the guidelines when determining the child’s best interests.
How to Request a Child Support Modification in Florida
If increased child care costs warrant a change to your support order, you will need to file a Supplemental Petition to Modify Child Support with the circuit court that issued your original order. The petition must include documentation supporting your claim, such as current child care invoices, proof of increased expenses, and an updated financial affidavit.
The other parent must be served with the petition and given an opportunity to respond. If both parties agree to the modification, the court may approve the new order without a hearing. If the modification is contested, the court will schedule a hearing to review the evidence and determine whether an adjustment is appropriate.
Keep in mind that modifications only take effect from the date of filing. If you delay filing, you cannot recover the difference in costs retroactively beyond a limited period.
What If the Other Parent Refuses to Pay Increased Child Care Costs?
If the other parent is not contributing their share of child care expenses as ordered, you have enforcement options. Florida provides several tools for collecting unpaid support, including wage garnishment, interception of tax refunds, suspension of driver’s and professional licenses, and contempt of court proceedings.
The Florida Department of Revenue can assist with enforcement if child support was established through their office. However, working with a family law attorney can often expedite the process and address compliance issues more directly.
Protect Your Family’s Financial Future
At Bernal-Mora & Nickolaou, P.A., we understand that rising child care costs can strain your budget and create tension between co-parents. Our board-certified family law attorneys can help you determine whether your situation qualifies for a modification and guide you through every step of the process. Contact Orlando Family Team today to schedule a free evaluation and learn how we can help protect your family’s financial future.
