Can We Agree to a Different Child Support Amount Than the Guidelines?
For many Florida parents, child support is one of the most sensitive topics during or after divorce. Both parents want what’s best for their children, but financial realities, such as differing incomes, new relationships, or unexpected expenses, can complicate what “fair” looks like. Some parents wonder if they can simply agree on their own child support amount rather than strictly following Florida’s Child Support Guidelines.
While parents can reach many of their own agreements, child support has a unique layer of protection: it belongs to the child, not the parents. That means Florida courts must review and approve any deviation from the standard guideline amount to ensure it still meets the child’s best interests.
Understanding when and how deviations may be allowed, and what documentation is needed, can help parents avoid unnecessary disputes or future court intervention.
How Florida Determines Child Support
Florida law bases child support primarily on the Florida Child Support Guidelines, outlined in Florida Statute § 61.30. These guidelines calculate support based on each parent’s income, the number of overnights with each parent, and other factors such as health insurance costs, daycare expenses, and tax deductions.
The court’s starting point is always the guideline amount. However, the law also recognizes that every family’s situation is unique. Parents may request a deviation, either upward or downward, if they can demonstrate that the guideline figure would be unfair or inappropriate given their circumstances.
When the Court May Approve a Different Amount
Under Fla. Stat. § 61.30(11)(a), a court may deviate from the guideline amount by up to 5 percent without special findings if it believes the guideline figure would be unjust or inappropriate. For example, a small deviation might be allowed to account for a child’s specific educational needs or a parent’s high transportation expenses for visitation.
If the requested deviation is greater than 5 percent, the parent asking for it must provide written findings explaining why the standard amount would not serve the child’s best interest. Courts consider factors such as:
- The child’s extraordinary medical, psychological, or educational expenses.
- Independent income or assets available to the child.
- The seasonal or irregular nature of a parent’s income.
- Substantial time-sharing adjustments.
- The needs of other dependent children.
- Agreements between the parents that are fair, reasonable, and consistent with the child’s welfare.
It’s important to understand that even if both parents agree to a different amount, the judge is not obligated to approve it unless it clearly supports the child’s needs.
Documentation That Helps the Court Approve a Deviation
To request a deviation, parents must provide full and honest financial disclosures, including pay stubs, W-2s, tax returns, and proof of expenses such as health insurance or daycare. The court may also require documentation showing why the deviation is necessary, such as a letter from a physician explaining special medical costs, or school invoices for a child’s tutoring or therapy.
When both parents agree to deviate from the guideline amount, they must usually submit a written parenting plan and a child support worksheet showing how they reached their figure. The agreement should clearly explain the reason for the deviation and demonstrate that it still meets the child’s financial needs.
Even if both parties sign the agreement, it only becomes enforceable after the judge reviews and approves it. The court’s role is to ensure that children receive adequate support, regardless of what either parent may prefer or agree to at the moment.
Modifying Child Support Later
Life circumstances often change. A parent may lose a job, receive a promotion, remarry, or face unexpected medical issues. When those changes are significant and ongoing, either parent can request a modification of child support.
Under Fla. Stat. § 61.14, a modification may be granted if there has been a “substantial change in circumstances” that affects the ability to pay or the needs of the child. The court will again review the current guideline amount, consider any proposed deviations, and ensure the new order still serves the child’s best interests.
Failing to obtain a proper modification through the court can lead to enforcement issues later. Even if both parents agree verbally to a temporary change, it’s best to have the adjustment approved in writing to prevent misunderstandings or arrears.
Building a Stronger Future for Your Family
Deviating from the Florida Child Support Guidelines isn’t impossible, but it requires transparency, documentation, and judicial approval to ensure the child’s well-being remains the top priority. Parents who communicate openly and work together to find balanced solutions often build stronger post-divorce relationships and more stable environments for their children.
Working with an experienced family law attorney can help ensure your agreement complies with Florida law and truly serves your child’s needs.
Contact Taryn G. Sinatra, P.A.
If you need help calculating or modifying child support, or want to understand your options for requesting a deviation, the Law Office of Taryn G. Sinatra, P.A. is here to help. Our compassionate and knowledgeable legal team will guide you through the process, ensure all financial disclosures are properly prepared, and advocate for an arrangement that protects your child’s best interests.
Contact a trusted Boynton Beach Child Support Lawyer today to schedule a consultation and learn how we can help you secure stability and fairness for your family.
Sources:
Florida Statutes – § 61.30: Child Support Guidelines
Florida Statutes – § 61.14: Enforcement and Modification of Support
Florida Department of Revenue – Child Support Program
