FL $15 Minimum Wage: New Floor for Child Support & Alimony

Florida's minimum wage climbs to $15.00 an hour on September 30, 2026, the final step of the 2020 Amendment 2 schedule. For divorcing spouses, the change quietly resets the income floor courts use when a parent is unemployed or underemployed, nudging imputed-income figures in child support and alimony cases upward under F.S. 61.30 and F.S. 61.08.

The News: Florida's Wage Floor Reaches $15

On September 30, 2026, Florida's standard minimum wage rises from $14.00 to $15.00 per hour, and the tipped minimum wage moves to $11.98. This is not a new law but the last scheduled increase from the constitutional amendment voters approved in November 2020, which stepped the wage up $1.00 each year until it hit $15.

A full-time worker at $15.00 an hour earns roughly $31,200 gross per year (40 hours a week, 52 weeks). Media coverage has focused on what the raise means for hourly workers and employers. But there is a second, quieter audience: family-law judges, and the divorcing parents who appear before them. Whenever a Florida court has to decide what a non-working or under-earning spouse could earn, the minimum wage is one of the most common reference points.

Legal Implications: Why a Wage Floor Touches Divorce Numbers

Florida child support is a guidelines calculation. Under F.S. 61.30, the court combines both parents' net incomes, applies the statutory schedule, and adjusts for time-sharing, health insurance, and childcare. The math only works if the court has an income figure for each parent, and that is where the minimum wage enters.

Under F.S. 61.30(2)(b), if a parent is voluntarily unemployed or voluntarily underemployed, the court may impute income, meaning it assigns an earning figure the parent is capable of earning rather than what they actually report. The statute directs the court to look at recent work history, occupational qualifications, and prevailing earnings in the community. When a parent has little verifiable history, or the evidence is thin, judges frequently fall back to full-time work at the Florida minimum wage as a conservative floor.

That floor just went up. A parent previously imputed at $14.00 an hour (about $29,120 a year) may now be imputed at $15.00 (about $31,200) once the increase is in effect and supported by the evidence. The difference feeds directly into the guidelines and can move a monthly support number in either direction depending on which parent is affected.

The same logic reaches alimony. Florida's 2023 reforms in SB 1416 rewrote F.S. 61.08, ended permanent alimony, and tied awards to need and ability to pay. Courts still assess each spouse's income and earning capacity, and imputed income remains part of that analysis. A higher statutory wage floor slightly raises the assumed earning capacity of a spouse a court finds is underemployed, which can affect both the amount and, for durational alimony, the practical picture of a supported spouse's path to self-support.

For a fuller look at how Florida courts sequence these awards, see our coverage of a recent appellate decision holding that alimony should be set before child support and that a paying spouse cannot make self-help cuts to support.

Florida-Specific Analysis: Imputation Is Not Automatic

It is important to be precise about what the $15 wage does and does not do. It does not automatically raise anyone's support obligation. Florida law is clear that imputation requires proof.

A court cannot impute income to a parent simply because the minimum wage went up. Under the F.S. 61.30(2)(b) framework and a long line of Florida appellate cases, the party asking for imputation must show two things: first, that the other parent is voluntarily unemployed or underemployed, and second, the amount and source of the imputable income, usually through evidence of the local job market and the person's qualifications. A court may not impute income based on speculation, and it must make specific findings.

Florida appellate courts routinely reverse support orders that skip these findings. We wrote about one such reversal where the appeals court sent a child support order back for lack of statutory precision. The lesson is the same here: the $15 figure is a ceiling on the conservative end, not a shortcut around the evidence.

There are also real limits on imputing minimum wage at all. Courts consider whether a parent is genuinely capable of full-time work, whether physical or mental limitations exist, and whether staying home to care for a young child is reasonable. A parent recovering from a disability or caring for an infant may not be imputed to full-time minimum-wage work simply because the number is convenient.

Practical Takeaways for Florida Residents

If you are divorcing in Florida and support numbers depend on someone's earning capacity, the wage increase is worth understanding.

• If your support figure was calculated using minimum-wage imputation before September 30, 2026, the underlying floor is now $15.00 an hour. That does not change an existing order by itself, but it is relevant if a modification is filed.
• Imputation cuts both ways. If your co-parent claims to earn nothing but is capable of working, the higher floor may raise the income attributed to them. If you are the one being imputed, expect the other side to point to the new wage.
• Keep documentation of actual earnings, job searches, medical limitations, and caregiving duties. Florida courts decide imputation on evidence, not assumptions.
• A change in the minimum wage, standing alone, is usually not the kind of substantial change that reopens a support order. Support modifications in Florida generally require a substantial, material, permanent, and involuntary change in circumstances.

For uncontested cases, most of this never becomes a fight. When both spouses agree on the numbers and cooperate, child support is calculated from the guidelines worksheet and submitted with the paperwork. That is the entire premise of our flat-fee service: a $750 uncontested divorce that includes the child support guidelines worksheet, parenting plan, and required affidavits when minor children are involved. If you and your spouse agree, you do not litigate imputed income at all. You report real income, run the guidelines, and file.

If you have questions about how the numbers apply to your situation, you can ask our AI assistant Victoria at /ask-victoria or review how to file an uncontested divorce in Florida.

FAQs

Does the $15 minimum wage automatically increase my child support?

No. The wage increase does not change any existing support order on its own. It only affects the income floor a court may use if it decides to impute income to a voluntarily unemployed or underemployed parent under F.S. 61.30(2)(b), and only when supported by evidence. Modifying an existing order requires a separate showing of a substantial change in circumstances.

When exactly does Florida's minimum wage reach $15 an hour?

September 30, 2026. This is the final step in the schedule set by Amendment 2, which Florida voters approved in 2020. The tipped minimum wage rises to $11.98 on the same date.

Can a Florida court impute minimum-wage income to a stay-at-home parent?

Sometimes, but not automatically. The court must find the parent is voluntarily unemployed or underemployed and consider factors like the age and needs of the children, health limitations, and local job availability. A parent caring for a young child or with a genuine medical limitation may not be imputed to full-time work. The court must make specific findings.

How does the wage floor affect alimony after the 2023 reforms?

SB 1416 rewrote F.S. 61.08 in 2023, ending permanent alimony and focusing awards on need and ability to pay. Earning capacity, including imputed income, is still part of that analysis. A higher minimum wage slightly raises the assumed earning capacity a court may attribute to an underemployed spouse, which can influence the amount or duration of an award.

If my spouse and I agree, do we ever argue about imputed income?

No. Imputation is a contested-case issue. In an uncontested Florida divorce, both spouses report their actual incomes, the child support guidelines worksheet is completed from those figures, and the paperwork is filed by agreement. Our $750 flat-fee uncontested divorce includes that worksheet when minor children are involved.

Legal Disclaimer

This article is provided by Antonio G. Jimenez, Esq. (Florida Bar No. 21022) for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Minimum wage figures, child support guidelines under F.S. 61.30, and alimony standards under F.S. 61.08 are subject to change and depend on the specific facts of each case. For advice about your situation, consult a licensed Florida attorney.