Modification Of Child Support In Florida
Child support can be modified upon a showing of a substantial change of circumstances of the payor or recipient. A change in the child support guidelines may provide the basis for proving a substantial change of circumstances. Per Florida Statute 61.30(b), a substantial change in the guidelines is defined as at least 15% or fifty dollars, whichever is greater.
If a payor or recipient of child support experiences a permanent change in their financial circumstances, they should consider filing a petition to modify child support. If a payor loses their employment and cannot find new work, child support will continue to accrue at the last court-ordered amount. Additionally, a recipient that is aware of their payor spouse’s substantially increased income may seek an upward adjustment of child support.
Attempting to change a child support order can be complicated and overwhelming. Should the need arise, our knowledgeable child support lawyers can answer your questions and provide valuable legal guidance. Contact Vazquez & Stockmar, PLLC today to learn more about child support modification or request a free consultation!
Modifying Child Support Based On A Substantial Change Of Circumstance
Florida allows child support to be modified after an amount has been issued by the court, based on a substantial ongoing change of circumstances. For example, if either parent has experienced a substantial change in income, the court may modify the child support. Generally, courts only modify child support prospectively, if your income decreases substantially, you must Petition the Court for a Modification.
Whatever the change, the revised income must result in the child support amount changing by at least 15% or $50, whichever is greater. The substantial and ongoing change would include the following list.
- Income Change
- Loss Of Employment
- Either A Decrease In Income Or An Increase In Income
- Substantial & Permanent Decrease In Available Working Hours
- Substantial Decrease In The Net Income Of Self-Employment
- A Substantial Increase In Necessary Business Expenses For A Self Employed Parent.
- Parenting Time Changes — If there is a substantial change in time-sharing that is a deviation from the schedule outlined in the parenting plan, the courts can recalculate child support based on the actual time sharing that is being exercised by the parents.
- Change in Expenses — If there is a change in child-associated costs such as childcare, additional child support for another minor, taxes, health insurance for the children or the parent, this could be cause for a modification of a current support obligation.
A substantial change of circumstances must be substantial, permanent, and involuntary. Until a child support order is changed, terminated, or vacated, the amount ordered is owed and will continue to be legally enforceable. It is a popular misconception that child support cannot be modified and those that do not seek modification due to a decrease in income may become severally impacted by the consequence of unpaid support.
When Will A Court Modify A Child Support Calculation?
A court has some flexibility when setting the amount of child support. The court is allowed to deviate from the child support guidelines by 5%, any more than that they need to make a written finding that explains the justification for a larger deviation. Some factors a court may consider when crafting a child support order that deviates from the statutory guideline amount include the following.
- Extraordinary medical expenses do not justify a child support increase or decrease, as medical expenses are considered extraordinary if they are a physical, mental, or other disability.
- Independent income of the child
- Regularly paid parental support
- Seasonal variations in the income of the parents
- Special Needs of a Disabled Child that have traditionally been paid by the parents.
- Time-sharing deviation: the guidelines assume there will be a traditional timesharing arrangement. If the timesharing arrangement is significantly different the support guidelines might not be appropriate.
Vazquez & Stockmar, PLLC is a law firm serving Central Florida. Our attorneys offer dependable services in several legal disciplines, including probate, estate planning, and family law. Get in touch with us today to request a free consultation!