Summer is here, and for many co-parents, that means a big shift in schedules. You may be wondering: if my child spends more time with me during the summer, does that mean I pay less in child support? It's a question that comes up often, and the answer is more layered than a simple yes or no. Florida law looks at several factors before any change in child support is made, and knowing how the process works can help you plan ahead.
If your summer custody schedule is changing and you have questions about child support, don't wait — call us today at (561) 447-2274 or reach out through our online contact form for a confidential consultation.
How Florida Calculates Child Support
Florida uses a formula called the Income Shares Model to figure out how much child support should be paid. This model looks at both parents' incomes and the number of overnights each parent has with the child during the year. The idea is that a child should receive the same level of financial support they would have received if the family were still together.
The number of overnights matters a great deal in this calculation. When one parent has the child significantly more, the other parent typically pays more in support to help balance out the costs.
What Counts as a Significant Change in Overnights?
In Florida, the custody schedule is usually laid out in a document called a parenting plan. This plan spells out where the child lives, how holidays are divided, and how summer breaks are handled. If your parenting plan already includes a summer schedule, the court likely already factored that into the original child support order.
However, if the summer schedule represents a real and lasting change from what the court originally assumed, you may have grounds to revisit the support amount. The keyword here is "substantial" — Florida courts generally require a meaningful difference in overnights before they will adjust support.
Does More Summer Time Automatically Lower Payments?
Not necessarily. A short-term or one-time change in custody during the summer does not automatically lower child support. Courts look at the overall yearly picture, not just what happens during June, July, and August. If the child is back on the regular schedule once school starts, the summer time alone may not be enough to change anything.
That said, if the summer arrangement leads to a true shift in the yearly overnight count, and the difference is significant enough, it could be a reason to request a modification. A modification is a formal legal request to change an existing court order.
When Can You Request a Child Support Modification?
Florida law allows either parent to request a modification when there has been a "substantial change in circumstances." This is a legal term that means something significant has changed in a way that was not expected when the original order was made. Common reasons that may qualify include:
- A major change in either parent's income (significant raise, job loss, or new job)
- A change in the child's needs, such as medical expenses or educational costs
- A change in the number of overnights that is permanent, not just seasonal
- The child moving to live primarily with the other parent
- Changes in health insurance coverage or childcare costs
Simply having the child for the summer is usually not enough on its own. The change needs to be ongoing and meaningful to meet the legal standard.
It is also important to note that both parents must follow the current court order until a new one is officially in place. You cannot simply stop paying or reduce payments because the schedule has shifted. Doing so can have serious legal consequences.
How the Number of Overnights Affects the Calculation
When a parent has at least 20% of the total overnights in a year — which works out to about 73 nights — Florida considers that parent to have substantial time-sharing. This threshold matters because it triggers a different formula for calculating support, one that takes into account both parents' time with the child. Here is a quick look at how overnights factor in:
- Under 73 overnights per year: The standard formula applies, and the parent with fewer overnights generally pays a set amount of support
- 73 or more overnights per year: A different formula is used that adjusts payments based on the actual time each parent spends with the child
- Equal time-sharing (roughly 50/50): Support is still owed if there is a significant income difference between the two parents
Understanding where your custody arrangement falls can help you figure out whether a modification request makes sense. If summertime pushes you above or below one of these thresholds for the full year, it may be worth looking into.
What Happens If Both Parents Agree to a Change?
If both co-parents agree that the summer schedule warrants a change in support, the process can be smoother. You can work together to draft a new agreement and submit it to the court for approval. A judge still needs to sign off on any changes for them to be legally binding.
Going through mediation — a process where a neutral third party helps both parents reach an agreement — can be a helpful way to work through disagreements without a full court hearing. It tends to be less stressful, less expensive, and keeps decisions in the hands of the parents rather than a judge.
What If You and the Other Parent Cannot Agree?
If you and your co-parent disagree about whether support should change, you will need to file a formal petition with the court. This means gathering financial records, documentation of the new custody schedule, and evidence of the change in circumstances. The court will review the information and decide whether a modification is appropriate based on the child's best interests.
It is important not to handle this process alone if you are unsure of the steps involved. Missing a filing deadline or leaving out key information can delay the process or hurt your case.
Talk to a Boca Raton Family Law Attorney About Your Child Custody and Support Questions
Summer can bring real changes to a co-parenting schedule, and it is natural to wonder how those changes affect your financial responsibilities. While summer custody time alone does not automatically reduce child support, it can be one piece of a larger picture that justifies requesting a modification. The key is knowing when you have a strong case, how to file correctly, and what to expect from the process.
At Gladstone, Weissman, Hirschberg & Schneider, P.A., our team is here to help co-parents in Boca Raton and throughout South Florida understand their rights and options. Whether you are thinking about requesting a modification or simply want to know where you stand, we are ready to help you move forward with clarity. Call (561) 447-2274 or use our online contact form to schedule a confidential consultation today.