The 20 Percent Time-Sharing Rule in Florida Child Support

When each parent has the children at least 20 percent of the overnights (73 a year), Florida multiplies the minimum need by 1.5, multiplies each parent’s share by the other parent’s percentage of overnights, nets the two and then credits child care and health insurance.

When the rule applies

Whenever a parenting plan, court-ordered time-sharing schedule or arrangement exercised by agreement provides that each child spends a substantial amount of time with each parent, the court must adjust the award. “Substantial amount of time” means that a parent exercises time-sharing at least 20 percent of the overnights of the year, which is 73 overnights. This applies to any living arrangement, temporary or permanent.

The formula, in the statute’s order

(1) Calculate each parent’s share of the support obligation, leaving child care and health insurance out, and multiply by 1.5. (2) Calculate each parent’s percentage of overnights. (3) Multiply each parent’s obligation by the other parent’s percentage. (4) The difference is the transfer. (5) Calculate the net amounts each parent owes for child care and health insurance. (6) Credit or debit that amount to the transfer. (7) The court can deviate for factors such as the receiving parent’s low income, whether the schedule will actually be exercised, and whether all children follow the same schedule.

An example

Same family as in the worked example, now with the father at 146 overnights (40 percent).

StepAmount
Minimum need for two children, $8,000 combined$2,004
Multiplied by 1.5$3,006
Father owes: 62.5% x $3,006 x mother’s 60.0% of overnights (219 of 365)$1,127
Mother owes: 37.5% x $3,006 x father’s 40.0% of overnights (146 of 365)$451
Difference$676
Child care and insurance: father’s 62.5% share of $700 owed, mother already pays it all$438
Father pays mother each month$1,114

Compare the two results:

ScheduleMonthly support
Father pays mother, standard formula (52 overnights)$1,690
Father pays mother, shared formula (146 overnights)$1,114

Why the 1.5 multiplier

The schedule assumes the children live mostly in one home. When they split time, both homes need space, furniture and food, so the statute inflates the combined need by half before crediting each parent for the time the children spend with the other. The practical effect is that support drops sharply as a parent’s overnights cross 73.

Below 20 percent

A time-sharing arrangement in which the child spends a significant amount of time, but less than 20 percent of the overnights, with one parent can still be a deviation factor because it reduces the other parent’s expenses. The calculator does not apply that deviation.

Questions to bring to an attorney

Ask how the court will count overnights, whether the schedule is likely to be followed, how the 20 percent line affects your case and whether the receiving parent’s income supports a deviation. Overnight counts near 73 matter most.

If the schedule is not followed

A parent’s failure to regularly exercise the schedule, not caused by the other parent, which resulted in the adjustment, is a substantial change of circumstances for modification, retroactive to the date the parent first failed to exercise it. Keep a record of exchanges. The Florida child support calculator lets you test overnight counts.

Frequently asked questions

How many overnights make time-sharing substantial in Florida?

At least 20 percent of the overnights of the year, which is 73 overnights.

What is the 1.5 multiplier in Florida child support?

In the substantial time-sharing formula, the minimum child support need, apportioned between the parents, is multiplied by 1.5 before each parent is credited for the other parent's time.

Are child care and insurance part of the Florida time-sharing formula?

They are left out of the first calculation and then credited or debited after the transfer is computed, based on what each parent owes and pays.

Can the court deviate from the shared time-sharing result?

Yes, based on the deviation factors, the obligee parent's low income and ability to maintain the home, the likelihood that the schedule will be exercised and whether all children follow the same schedule.

What if a parent does not use the Florida time-sharing schedule?

Failure to regularly exercise it, not caused by the other parent, is a substantial change of circumstances, retroactive to the date the parent first failed to exercise it.

Official sources

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This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.