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New Changes in Florida's Child Support Laws
Friday, January 7, 2011

Pursuant to the amendments to Section 61.30, Florida Statutes (2009) which will take effect on January 1, 2011 the following changes will occur:

1. There will no longer be a reduction to a parent's total costs for child care. Instead, the total amount spent on child care will now be credited to the paying parent and used to calculate child support; and

2. The paying parent's child support obligation will be reduced if he or she spends 20% or more of the overnights (i.e., 73 overnights) a year with a child.

Prior to the amendments affecting the calculation of child support, Section 61.30, Florida Statutes (2009) provided as follows:

1. A parent's total costs for child care were reduced by 25% (which in effect lowered the credit the party paying child care received); and

2. A paying parent's obligation was only reduced if he or she spent 40% or more of the overnights (i.e., 146 overnights) a year with the child.

As a result of the foregoing changes, a payor may be entitled to a reduction of his or her child support obligation a.) if he or she is paying child care costs or b.) if he or she is spending 20% or more of the overnights a year with a child.

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