Florida law does not set a fixed dollar floor for child support, but it does cap how low an order can go when the paying parent earns very little. Under Section 61.30(6)(a) of the Florida Statutes, the minimum child support in Florida for a low-income parent cannot exceed 90 percent of the difference between that parent’s monthly net income and the federal poverty level for a single person. For 2026, the federal poverty level for one person is $15,960 per year, or about $1,330 per month.
That is the ceiling on a low-income order, not a flat minimum. The actual number a judge orders depends on the paying parent’s net income, the number of children, and whether other deductions or deviation factors apply. The sections below walk through how the formula produces a specific figure and what can move it up or down.
How the Low-Income Formula Produces a Number
When the paying parent’s net income falls below the lowest amount on Florida’s guidelines schedule, the court does not pick a figure at its discretion. Section 61.30(6)(a) requires two things.
First, the court must order some amount of support. The point is to establish the principle that the parent has an obligation, which creates a baseline that can be adjusted upward later if income rises.
Second, the ordered amount cannot exceed the lesser of two figures: the parent’s proportional share of the minimum guideline amount, or 90 percent of the difference between that parent’s monthly net income and the federal poverty threshold for one individual.
A worked example makes this concrete. Suppose the paying parent’s monthly net income is $1,600. The 2026 poverty guideline for a single person is roughly $1,330 per month. The difference is $270. Ninety percent of $270 is $243.
Now compare that $243 cap against the parent’s proportional share of the minimum guideline amount:
- If the proportional share would have been $300, the court caps the order at $243, because $243 is the lesser figure.
- If the proportional share would have been $200, the court orders $200, again the lesser figure.
The order will never be zero, but it will not push the parent below the poverty line either. That is the structural compromise the statute makes.
Why Net Income Matters So Much
Everything in the low-income calculation runs on net income, not gross pay. A small shift in the net number changes the cap directly, so getting the deductions right is where a lot of these cases turn.
Florida defines gross income broadly. It includes wages, bonuses, commissions, overtime, business income, disability benefits, workers’ compensation, unemployment compensation, pensions, Social Security benefits, rental income, and investment returns.
From gross income, Florida allows deductions for:
- Federal, state, and local income taxes, adjusted for actual filing status
- FICA or self-employment tax
- Mandatory union dues, not voluntary contributions
- Mandatory retirement payments required as a condition of employment, not voluntary 401(k) deferrals
- Health insurance premiums for the parent only; the child’s coverage is handled separately in the formula
- Court-ordered support for other children, but only amounts actually being paid
- Spousal support from a prior or current marriage, if court-ordered
The mandatory-versus-voluntary retirement line is a frequent fight. If an employer requires a pension contribution as a condition of employment, it comes out before the formula runs. A voluntary 401(k) deferral typically does not.
When the Court Uses Imputed Income Instead
A low paycheck doesn’t automatically mean a low support order. If the court finds that unemployment or underemployment is voluntary, meaning not caused by disability or circumstances beyond the parent’s control, it will impute income. That means support is calculated on what the parent could earn, not what they currently take home.
In imputing income, the court considers recent work history, occupational qualifications, and prevailing wages in the community. If that information is unavailable, or if the parent refuses to participate in the proceeding or will not disclose finances, the court presumes income at the median for full-time year-round workers as reported by the U.S. Census Bureau.
Several limits apply. Courts cannot rely on income records older than five years. They cannot impute income at a level the parent has never actually earned, unless the parent recently obtained a new degree, license, or certification qualifying them for higher-paying work. Incarceration cannot be treated as voluntary unemployment when setting or modifying a support order. And the court may decline to impute income entirely if the parent needs to stay home with the child who is the subject of the case.
For a parent genuinely earning little, imputation is the biggest risk to relying on the low-income cap. If the judge finds the low earnings are a choice, the cap gets calculated from a higher number than the parent actually brings home.
Deviation Factors That Can Lower the Number Further
The guideline amount, including the low-income figure, is presumptive. A judge follows it unless specific reasons justify a departure. Section 61.30 lists eleven deviation factors. Several can push a low-income order even lower or recognize costs the base formula misses:
- Extraordinary medical, psychological, educational, or dental expenses beyond what the base guidelines contemplate
- A child’s independent income, though Supplemental Security Income does not count
- Seasonal income swings for either parent
- The age of the child, since older children generally cost more
- Special needs the family has historically covered
- Each parent’s and the child’s total assets, not just income
- A cap at 55 percent of gross income for current support from a single order; above that, the court can deviate downward
- Tax impacts, including child tax credits, earned income credits, and dependency exemptions
The statute also allows deviation when a child spends meaningful time with one parent but falls short of the 20 percent overnight threshold that triggers Florida’s time-sharing adjustment. A parent who has the child every weekend but not 73 overnights per year can still ask the court to reduce the obligation to reflect those costs.
Retroactive Orders at the Low-Income Level
When parents first establish support, the court can make the order retroactive to the date the parents stopped living together with the child, up to 24 months before the petition was filed. The guidelines schedule in effect at the hearing applies, using the paying parent’s actual income during the retroactive period. Direct payments the parent already made for the child’s benefit during that time get credited. For a low-income parent, the court often allows the retroactive amount to be paid in installments rather than as a lump sum.
Changing a Low-Income Order When Income Shifts
Because the low-income formula is tied so tightly to the gap between the parent’s income and the poverty level, small changes in earnings can justify a modification. Florida’s thresholds depend on how old the order is:
- For orders less than three years old, the change must produce at least a 15 percent difference in the support amount, and no less than $50 per month.
- For orders three years or older, the threshold is a 10 percent difference of at least $25 per month.
Either parent can ask the Florida Department of Revenue’s Child Support Program to review the order, or file a petition directly in circuit court. The parent asking for the change carries the burden of proof. The change usually must be substantial, permanent, and involuntary. A parent who voluntarily quits a job to lower support will not meet that standard. Extended illness, a layoff, or a significant change in the child’s needs will. Each side files the Child Support Guidelines Worksheet with the petition so the court can rerun the formula under current numbers.
If a low-income parent’s earnings drop further after an order is entered, the modification path is how the ordered amount gets reduced. The low-income cap does not adjust on its own.