Can I Modify My Child Support Payments In Florida?
Yes, the Florida courts allow parents to modify their child support obligations. Generally speaking, child support obligations are determined by the income of both parents, the needs of the child, and how much time the child spends with each parent (the time-sharing agreement). When circumstances change, the parent is allowed to petition the court for a modification of child support. There are, however, rules to this. In this article, the Tampa, FL family law attorneys at Faulkner Law Group, PLLC will discuss how you can modify your child support payments in the event of a major change to your life circumstances.
Am I eligible to modify child support?
The first step in modifying your child support payments is to determine whether or not you are eligible. Under Florida Statutes § 61.302(8) covers child support modifications in Florida. Florida courts will only consider adjusting the amount of child support you pay if the parent requesting the change can demonstrate that the change in circumstances is substantial, involuntary, and permanent.
- Substantial – The child support modification must result in a “significant” increase or decrease in the child support obligation. If the child support order is less than 3 years old, the change must be either 15% or $50 (whichever is greater). For orders older than three years, the threshold is 10% or $25.
- Involuntary – You can’t quit your job and then petition for a reduction in child support payments. You must be able to establish that the job loss was involuntary. Other involuntary circumstances include illness or disability.
- Permanent – The petitioner must be able to establish that the change in circumstances is expected to last for a significant amount of time. Generally speaking, the court will consider changes in circumstances that are expected to last at least 6 months.
Filing a petition for modification
Once the court recognizes your eligibility, the next step is to file a petition for modification with the court. The petition must include your reasons for requesting the modification. You will need to provide supporting documents. These can include income statements, expense statements, or other information.
Serving the other party
Once the petition is filed, you must serve the other party with a copy of the petition with accompanying documents. Properly serving the petition ensures that all parties are aware of the request and have an opportunity to respond. If the other party does not agree to the modification, then the matter will proceed to a court hearing.
Mediating the agreement
In some cases, the parties may be able to reach an agreement by mediating the dispute. Mediation allows the parties to work together with a neutral third party (the mediator) to find a mutually acceptable solution. Agreements can be submitted for court approval. If no agreement is reached, then the matter will proceed to a contested hearing.
Contested hearing
During a contested hearing, both parties have the opportunity to address the court, present evidence, and support their position. The court will consider the evidence and decide the matter in accordance with what is in the best interests of the child.
Talk to a Tampa, FL Child Support Modification Lawyer Today
Faulkner Law Group, PLLC represents the interests of those seeking to modify a child support order. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
