Modification of Child Support
In Florida, child support orders can be modified if there has been a substantial, material, and unforeseen change in circumstances since the original order was issued. This ensures that child support obligations remain fair and reflect the current financial and custodial realities of both parents.
When Can Child Support Be Modified?
To modify a child support order, the change must be:
1. Substantial: The change significantly impacts either parent’s financial situation or the child’s needs.
2. Material: The change directly affects the ability to pay or the amount required for the child’s care.
3. Unforeseen: The change was not anticipated when the original order was established.
Examples of valid reasons include:
• A significant increase or decrease in income (e.g., job loss, promotion, or disability).
• Changes to the time-sharing arrangement that affect the number of overnights each parent has with the child.
• Increased expenses for the child, such as medical costs or educational needs.
• A parent having additional children to support.
Steps to Modify Child Support
1. File a Petition for Modification:
• Submit a petition to the court that issued the original child support order. The petition must explain the change in circumstances and how it affects the current child support obligation.
2. Provide Evidence:
• Attach financial records, proof of income changes, or documentation of new expenses to support your request.
3. Serve the Other Parent:
• Notify the other parent by serving them with the petition and supporting documents, giving them an opportunity to respond.
4. Engage in Discovery:
• Both parties may exchange financial information to verify income, expenses, and other relevant factors.
5. Attempt Mediation:
• Florida often requires mediation to resolve disputes and reach an agreement outside of court.
6. Attend a Court Hearing:
• If mediation is unsuccessful, a judge will evaluate the evidence and decide whether to approve or deny the modification request.
Key Considerations
• Retroactive Modifications: Changes to child support are generally effective from the date the petition was filed, not earlier.
• Significant Change Threshold: Florida law requires a minimum 15% or $50 difference between the current obligation and the recalculated amount to justify a modification.
• Burden of Proof: The parent requesting the change must prove the substantial change in circumstances.
Example Scenario
Original Order: Parent A pays $1,000 per month in child support.
Change in Circumstances: Parent A loses their job and files for modification.
• Parent A provides evidence of unemployment and reduced income.
• Parent B argues that Parent A has other financial resources.
• The court reviews the evidence and recalculates child support based on Parent A’s new income, reducing payments to $600 per month.
Modifying child support in Florida requires careful documentation and adherence to legal procedures. For help navigating this process and ensuring the best outcome for you and your child, contact Miller Legacy Law for personalized guidance.
