What Counts as an Extraordinary Expense Under Florida Law?
Florida's child support guidelines under Florida Statute 61.30 establish a presumptive monthly support amount based on both parents' combined net income and the number of children. However, the guidelines amount does not always cover the full cost of raising a child. Certain expenses fall outside the basic calculation and are classified as extraordinary costs that courts may allocate separately between the parents.
Under Fla. Stat. 61.30(7), the court may adjust the child support award to account for expenses that are necessary, reasonable, and in the best interests of the child but exceed what the standard guidelines contemplate. These expenses generally fall into three broad categories: healthcare costs beyond basic insurance, educational expenses, and extracurricular activity fees.
Healthcare Costs Beyond Insurance Coverage
The child support guidelines worksheet already includes a line item for the cost of health insurance premiums for the child. What the standard calculation does not capture are the out-of-pocket healthcare costs that arise despite insurance coverage.
Common extraordinary medical expenses include:
- Uninsured medical and dental costs such as copays, deductibles, orthodontic treatment, and prescription medications
- Mental health services including therapy, counseling, and psychiatric care not fully covered by insurance
- Special needs expenses such as occupational therapy, speech therapy, physical therapy, and assistive devices
- Travel costs for specialized treatment when a child must see out-of-area specialists for complex medical conditions
- Vision care including glasses, contacts, and corrective procedures
Under Fla. Stat. 61.30(8), courts typically allocate these unreimbursed medical and dental expenses in proportion to each parent's percentage share of their combined net income. For example, if one parent earns 60% of the combined income, that parent would generally be responsible for 60% of uninsured healthcare costs.
Private School Tuition and Educational Expenses
Florida courts can include private school tuition as part of a child support order when the circumstances justify it. Courts consider several factors when evaluating requests for private school funding:
- Pre-divorce enrollment -- If the child was already attending private school during the marriage, courts are more likely to order continued enrollment
- Special educational needs -- When a child has learning disabilities or other needs that a public school cannot adequately address, private school or specialized tutoring may be deemed necessary
- Both parents' financial ability -- The court will not order private school tuition that neither parent can reasonably afford
- The child's established educational trajectory -- Disrupting a child's schooling mid-course can weigh heavily in the court's analysis
Beyond tuition, educational expenses that may qualify for separate allocation include:
- Tutoring and academic support services for children who need supplemental instruction
- Learning disability evaluations and accommodations not covered by the school
- School supplies, uniforms, and technology requirements that exceed normal expectations
- College preparatory testing and application fees for older children
Extracurricular Activity Costs
Children's participation in sports, music, dance, and other organized activities can generate substantial costs. Florida courts recognize that these activities contribute to a child's development and may allocate the expenses between parents.
Expenses that courts commonly consider include:
- Registration and league fees for organized sports, competitive teams, or performing arts programs
- Equipment and uniform costs such as athletic gear, instruments, or dance attire
- Travel expenses for competitions including tournament fees, hotel stays, and transportation
- Private coaching or lessons for activities where the child has demonstrated serious commitment or talent
- Summer camp and enrichment programs that support the child's development
Courts weigh whether the activity was established during the marriage, whether the child is genuinely committed, and whether the expense is reasonable given the parents' financial circumstances. A court is unlikely to order a parent to fund an entirely new, expensive hobby that neither parent can comfortably afford.
How Courts Decide to Deviate from the Guidelines
Under Fla. Stat. 61.30(1)(a), courts may deviate from the presumptive guideline amount by up to 5% without making written findings. Deviations beyond 5% require the court to make specific written findings explaining why the guidelines amount is unjust or inappropriate.
When requesting that extraordinary expenses be added to a child support order, the requesting parent should be prepared to demonstrate:
- Documentation of the expense through receipts, invoices, enrollment records, or provider statements
- Necessity of the expense for the child's health, education, or well-being
- Reasonableness of the cost compared to alternatives
- Both parents' ability to pay as reflected in their financial affidavits
The court has broad discretion in how it allocates these costs. Some judges order a proportional split based on income percentages. Others may assign specific categories of expenses to specific parents based on who has majority timesharing or who carries the child's insurance.
Enforcing Extraordinary Expense Orders
Once the court orders a parent to pay a share of extraordinary expenses, that obligation is enforceable just like any other child support provision. A parent who fails to pay their allocated share may face contempt of court proceedings under Fla. Stat. 61.14.
To protect your interests, maintain detailed records of every extraordinary expense. Keep copies of bills, receipts, explanation of benefits statements from insurance, and any written communication with the other parent about cost-sharing. Provide timely notice to the other parent of upcoming expenses, as many court orders require advance notification before incurring non-emergency costs.
Planning for Extraordinary Expenses in Your Agreement
If you are negotiating a marital settlement agreement or parenting plan, addressing extraordinary expenses proactively can prevent future disputes. Consider including provisions that specify how costs will be divided, what qualifies as an extraordinary expense, a maximum annual cap, and a dispute resolution mechanism if the parents disagree about whether an expense is reasonable or necessary.
Clear, detailed language in your agreement saves both parents time, money, and conflict down the road. An experienced family law attorney can help you anticipate the types of extraordinary expenses your children are likely to incur and structure provisions that protect everyone's interests.