Can I Modify Child Support Payments in Florida?

Yes, you can petition the court for a modification of child support payments. Generally speaking, child support obligations are determined by the income of the parents, the needs of the child, and how much time the child spends with each parent vis a vis the timesharing agreement. When circumstances change substantially, the parent is allowed to petition the court for a reduction of child support payments. There are, however, specific rules that the court employs when a parent submits a petition. In this article, the Largo, Florida child support attorneys at Cairns Law, P.A. will discuss the process for modifying a child support order in Florida.

Am I eligible to reduce or modify child support payments?

 The first step to modifying a child support payment is to determine whether or not you are eligible. According to Florida Statutes § 61.302(8), the Florida courts will only consider adjusting the amount of child support you pay if the parent requesting the change can demonstrate that substantial changes have occurred. In addition, the changes must be involuntary and permanent. Below, we’ll unpack these terms comprehensively.

• Substantial – Under Florida law, the child support modification must result in a “significant” increase or decrease in the child support obligation. What does that mean? Essentially, 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 – A payer of child support cannot quit their job and then petition the court for a reduction of child support payments. You must establish that the job loss was involuntary. Illness and disability also qualify as involuntary circumstances.

• Permanent – The individual petitioning for a reduction in child support must be able to establish that the change in circumstances is permanent. Generally speaking, the court will consider changes that are expected to last six months or longer.

Filing a petition for modification 

Once the court determines that you’re eligible, the next step is to file a petition for modification. The petition must include your reasons for requesting the child support modification. You will need to provide supporting documents including income statements, expense statements, and more.

Serving the other party 

Once the petition has been filed, you must serve the other party with a copy and accompanying documents. Serving the petition ensures that all parties are aware of the request and have the opportunity to respond. If the other party refuses to agree to the modification, then the matter will proceed to a court hearing.

Mediating the agreement or contested hearing 

Parties can reach an agreement by mediating the dispute. Mediation allows the parties to work together with a neutral third party, the mediator, whose job it is to find a mutually acceptable solution.

On the other hand, if mediation doesn’t work, you will proceed to a contested hearing during which both parties will have the opportunity to address the court. The court will consider the evidence, employ the standard mentioned above, and either approve or deny the request for modification.

Talk to a Largo, Florida Child Support Modification Attorney Today 

Cairns Law, P.A. represents the interests of Largo and Clearwater, Florida residents who need to modify their child support payments. Call our Largo family lawyers today to schedule an appointment, and we can begin assisting you in your request today.