Which Costs More: Alimony or Child Support?

In Florida, the cost difference between child support and alimony (spousal support) depends on parent incomes, parenting time, and the financial needs of the parents and their children.

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Child Support in Florida

• Purpose: Provides for the child’s needs, including food, housing, clothing, healthcare, education, and extracurricular activities.
• Calculation: Florida uses a formula outlined in F.S. 61.30, commonly known as “Child Support Guidelines.” The major variables in this calculation include:
  • Each parents’ income.
  • The number of children.
  • The parenting time each parent has with the child.
  • Child-related expenses (e.g., healthcare and childcare costs).

Adjustments may be made for prior-born children; extraordinary medical expenses or special needs; social security income received for the subject child’s benefit; and various other special circumstances.

• Duration:
  • Generally paid until the child turns 18.
  • May continue until 19 if the child is still in high school and expected to graduate before age 19.
  • For disabled children, support can extend indefinitely.

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Alimony in Florida

• Purpose: Helps a lower-earning or non-earning spouse maintain a standard of living similar to what they had during the marriage.
• Types of Alimony:
  • Temporary: Helps the recipient meet living expenses during the pending divorce case
  • Bridge-the-Gap: Short-term support for specific needs as the spouse transitions to self-sufficiency (maximum of 2 years).
  • Rehabilitative: Helps the recipient gain skills or education to become self-supporting.
  • Durational: Support for a set period, not exceeding the length of the marriage.
• Calculation: Although there is no fixed formula in Florida, a new law was passed in 2023 that caps durational alimony at the lesser of actual need or 35% of the difference in the parties’ net incomes. Other classifications of alimony are based on a variety of other factors, such as the recipient’s need; the payor’s ability to pay; the length of the marriage, and the standard of living during the marriage.

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Comparison of Alimony vs Child Support in Florida

1. Child Support is mandatory. Child support calculations follow strict guidelines and generally cannot be waived by agreement between parents. This means child support payments are typically non-negotiable and often take precedence over alimony.
2. Alimony is negotiable and can be waived. An eligible spouse may accept alimony in a lower amount or even waive alimony.
3. Concurrent Payments: If you are obligated to pay both child support and alimony, child support is calculated first. Alimony payments may then be adjusted based on your remaining financial ability after meeting your child support obligations.

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Alimony vs. Child Support: Which Costs More?

• Child Support may cost more if you have a high income or multiple children, as Florida’s guidelines are based on combined parental income and parenting time.
• Alimony could cost more in cases involving long-term marriages or significant income disparities.
• If you have both obligations, your financial situation and the court’s decisions will determine the total amounts.

Call DeVoe Law Firm if you have any questions about child support or alimony. As part of representation, we will let you know what you can expect to pay in your divorce or father’s rights case in Orlando, Florida.