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Child Support Modification

All parents have a moral and legal obligation to financially support their children until the age of eighteen (18), generally. In order to modify an already existing child support order, you must establish that there is a substantial change in circumstances.


Pursuing a Child Support Modification

A Child Support amount is based on a formula that is set forth in Florida Statute 61.30. When an initial child support determination is made, it is based on the number of children, the needs of the children, and the income of both parents.


Child support responsibilities continue until the child turns 18 or graduates from high school, whichever takes place later. In some cases, child support obligations may end when the child is emancipated, joins the armed forces, or is adopted by another person.


Child support orders can be modified if there has been a substantial, material, and ongoing change in circumstances since the last child support order was entered. This typically means that there has been a significant change in the income or financial ability of either party. The change should be one that was not recognized during the earlier proceedings, and it should be long-term and continuing in nature. Some factors that can modify child support obligation calculations are: 


  • The cost of the child’s health insurance and medical expenses;
  • The cost of the child’s daycare;
  • The cost of accommodating any special needs;
  • Each parent’s income and assets;
  • A change in a parent’s employment status;
  • The total number of nights that the child spends with each parent; and
  • Other state and federal benefits.


If you believe that you meet the eligibility requirements to request a child support modification, the next step is to submit the Supplemental Petition to Modify Child Support, which gives you the chance to explain why you believe that the existing child support order should be modified.


When ruling on a supplemental petition to decrease child support, Florida courts will look to see if the substantial change in circumstances was voluntary. As a general rule, Florida courts will not permit a party to quit his or her job to pay less child support. Thus, the party seeking a child support modification must show that the change was involuntary.


To permanently change a child support judgment or order, the party seeking a modification is required to show that the change in circumstance is permanent. Under Florida law, a permanent change is one that will last a year or longer. It is easier to obtain an order modifying child support on a temporary basis in cases in which a parent might be looking for a job or has suffered a temporary disability. 


Attorney Simone Freitas has been representing family law cases since the year 2013 and can handle your child support modification case.

CHILD SUPPORT FAQS:

  • Who can initiate a petition for modification?

    Any party, Mother or Father, can initiate the pleading so long as there has been a substantial change in circumstances.

  • What if the parties agree to the change in child support and have already started paying on a new agreed amount, does a petition for modification still need to be filed?

    Many times, parents can come to an agreement on terms, however, the court records will reflect the initial child support amount and unless changed, a Court can enforce that amount even though the parties agree otherwise.

  • How do I qualify for a child support modification?

    The court may modify support when the guideline amount changes by at least 15 percent or 50 dollars, whichever is greater. If it has been more than three years since the last order, a change of 10 percent or 25 dollars can qualify. You will need current income documents to show that the change is ongoing, not temporary.

  • Can I get temporary relief while my post-judgment case is pending?

    In many courts you can ask for temporary orders that address child support or time-sharing while the case is underway. The judge will consider current needs and available evidence, and any temporary order stays in place until the case is resolved or the court changes it.

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