What High-Income Parents Need to Know About Child Support in Florida and the “Good Fortune” Factor
When parents separate, child support is calculated using Florida’s statutory guidelines, which impose a formula that takes into account the parents’ incomes as well as the children’s needs. But in cases where one parent’s income is much higher than the other parent’s income, those guidelines don’t always lead to a fair result, and could suggest an award that is much higher than the child’s actual needs. Nonetheless, Florida courts recognize that children are entitled not just to basic necessities, but to share in a parent’s financial success, within reason. This concept is sometimes referred to as “good fortune” child support. See, e.g. A.G.W. v. C.L.C., 355 So. 3d 1062, 1068 (Fla. 2d DCA 2023) (holding that in case where Father was earning millions of dollars per year and the child lived with its mother, who was earning $67k per year, the child support award “should be based not only on the child's needs but also on good fortune”).
What Is “Good Fortune” Child Support in Florida?
“Good fortune” child support is not a separate statute or formula. Instead, it describes how Florida courts approach child support when one or both parents earn far more than the amounts contemplated by the child support guidelines.
In these cases, the court may look beyond minimum needs like food, shelter, and clothing, and consider the standard of living the child would have enjoyed if the parents had remained together. The goal is not luxury for luxury’s sake, but fairness to the child.
The Florida Supreme Court wrote in Miller v. Schou, 616 So. 2d 436, 437 (Fla. 1993): “As a practical matter, it is impossible to believe that any court would award the same amount of child support where the paying parent is a multimillionaire as it would where the paying parent makes a modest living. While technically the child's basic survival needs would be the same in each case, the determination of ‘need’ in awarding child support takes into account more than just the basic necessities of survival. The child of a multimillionaire would be entitled to share in that standard of living—for example to attend private school or to participate in expensive extracurricular activities—and would accordingly be entitled to a greater award of child support to provide for these items, even though provision for such items would not be ordered in a different case.”
When Does Good Fortune Child Support Come Into Play?
This issue most commonly arises when:
A parent’s income significantly exceeds the guideline thresholds
Applying the guideline amount would result in an unusually high support obligation
The child’s actual needs and lifestyle expectations exceed typical guideline assumptions
Florida courts have discretion to deviate upward or downward when strict application of the guidelines would be unjust or inappropriate under the circumstances.
How Florida Courts Analyze High-Income Child Support
In high-income cases, judges focus on several key considerations:
The reasonable needs of the child, including education, activities, and opportunities
The standard of living established during the relationship
Each parent’s ability to pay
Whether the requested support directly benefits the child
Courts are careful to avoid turning child support into a wealth-transfer mechanism. The support award must still be tied to the child’s best interests and not simply reflect a parent’s overall wealth.
Are There Limits to “Good Fortune” Child Support?
Yes. Even in very affluent cases, Florida courts draw clear boundaries.
Child support:
Is not meant to equalize households
Cannot be used to subsidize the receiving parent’s lifestyle
Must be supported by evidence of actual or anticipated child-related expenses
Courts may reject requests for excessive support if they are not reasonably connected to the child’s needs or welfare.
Can Trusts or Structured Support Be Used?
In some high-income cases, courts have considered structured approaches, such as earmarking funds for education or future expenses and placing them in a “Good Fortune” trust, rather than ordering large monthly payments. These arrangements are highly fact-specific and require careful legal analysis to ensure they comply with Florida law.
Why Good Fortune Child Support Cases Require Careful Strategy
High-income child support disputes often involve:
Complex financial records
Lifestyle evidence
Disputes over what constitutes a “reasonable” expense
Whether you are seeking support or defending against an excessive request, these cases benefit from thoughtful preparation and experienced advocacy
FAQs About “Good Fortune” Child Support
What is good fortune child support in Florida?
It refers to how Florida courts handle child support in high-income cases by considering a child’s standard of living and reasonable needs, rather than relying solely on guideline minimums or maximums. One of the most important cases addressing the issue is Finley v. Scott, 707 So.2d 1112 (Fla. 1998), which involved a professional basketball player. In that case, the court agreed with the trial court’s establishment of a good fortune trust supervised by a court-appointed guardian, awarding a reasonable amount for the child’s day-to-day needs and directing the remaining portion of the support into the trust.
Is good fortune child support automatic if one parent is wealthy?
No. Courts require evidence tying any requested support to the child’s needs and best interests. Wealth alone does not justify unlimited support.
Can child support exceed Florida guidelines?
Yes. While the guidelines govern most cases, Judges may deviate from guideline amounts when appropriate, especially in high-income cases, but deviations must be supported by factual findings when they deviate by more than 5%.
Does good fortune child support benefit the other parent?
Child support is intended to benefit the child, not to subsidize the receiving parent’s lifestyle. Courts scrutinize how funds will be used.
Do I need a lawyer for a high-income child support case?
While parties are permitted to proceed “pro se” in Florida (which means to represent themselves), these cases often involve complex financial and legal issues. Experienced counsel can help ensure support is calculated fairly and lawfully.