Payments for child support in Florida are determined on the basis of several factors, such as parental income, parenting time, and the monthly costs of supporting the child.
As these factors can change at any time in the future, child support adjustment can be a legal recourse available to both parents.
Florida child support modification is only possible when a parent can establish an ongoing and substantial change in circumstances. The onus is on the requesting parent to prove that such a change has occurred.
If you believe that you are burdened with unreasonably high payments in a substantial and permanently changed set of circumstances, you complete a child support modification form and file a motion requesting the Florida court to lower your child support payments.
When can you Modify a Child Support Order
To modify child support payments, the most basic factor that a Florida court will consider is your change of income.
Florida law does not specify any absolute amount by which your income must increase or decrease, but the income change must alter your child support payments by a minimum of $50 or 15 percent, whichever is higher.
Change of expenses may also result in modification of child support payments, provided expenses like daycare were originally factored into the child support calculation.
For instance, you are bearing the costs of your child’s daycare, and a few years down the line if your child joins kindergarten at a public school, it may be grounds for lowering child support.
If health insurance has been accounted for in the child support payment equation, a change in the cost of insurance premiums could justify child support modification.
During the child support modification hearing, apart from showing substantial change of circumstances, you should also be able to establish that the change in support payment does not adversely affect the child’s best interests.
Florida Child Support Modification Tips
Once you believe that your circumstances have changed, or are about to change, you should act fast to take steps to secure the rightful child support modification order.
Continue to Pay Child Support Diligently
To the extent possible, you should continue to pay the required child support in conformance to the existing child support order. This order will remain in force until the court issues a modified order.
Document the Details of Your Changed Circumstances
Whether it is a change of income, job change, permanent disability, or a major change in the expenses involved in your child’s care, you will have to establish this substantial change of circumstances.
You will also have to show that this change occurred after the current child support order was issued by the court. Ideally, you should also document all your efforts to find new employment, increase your income, or reduce your costs, which did not yield any meaningful result.
File Your Child Support Modification Request
Consult with a competent Florida divorce attorney to file your child support modification request with the court that issued the original child support order. You will also have to serve the papers you file with the court on the other parent.
Schedule a Consultation with a Trusted Divorce Lawyer Now!
Call the Lawyer of the Decade, Patrick Cordero. Aside from his expert team, divorce attorney Patrick Cordero will be personally involved with your case. To schedule a consultation, call us at 305-445-4855 or contact us online.