People’s needs, capacities and circumstances have a way of changing over time. For that reason, Florida family laws allow for child support modification . However, obtaining a child support modification in Florida is not as easy as some people may think.
In today’s post, we answer ten of the most common questions surrounding modification of child support in Florida.
1: Is Child Support Modifiable in Florida?
The Florida child support statutes allow a modification petition anytime the petition would result in a change in support of at least 15% or $50, whichever is greater.
“ The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances. ”
2: Who Can Seek Child Support Modification in Florida?
Any party paying or receiving child support can seek a modification of that child support in Florida. The burden is on the requesting parent to show a change exists such as a shift in income, parenting time, or with certain expenses.
3: Can Parties Agree to Unmodifiable Child Support?
You can never designate child support as unmodifiable. Any time a parent establishes the basic requirements for modification, that parent may file a petition for modification of child support.
4: What Happens When There’s a Significant Change in Parenting Time?
Recent child support law authorizes courts to calculate child support according to the “actual” parenting pattern – as currently exercised by both parents despite what the parenting plan calls for.
5: Does Child Support Modification Need to be Involuntary in Nature?
The change of circumstances giving rise to a potential child support modification must be involuntary in nature. For example, a person who voluntarily quits their job is probably unlikely to obtain child support modification.
6: What Factors Serve as the Basis for a Child Support Modification to Decrease Support?
✔️Paying party’s loss of a job
✔️Paying party’s loss of income
✔️Receiving party making more money
✔️Children’s expenses decreasing (i.e. no more daycare)
7: What Factors Serve as the Basis for a Child Support Modification to Increase Support?
✔️Receiving party’s loss of a job
✔️Receiving party’s loss of income
✔️Paying party making more money
✔️Children’s expenses increasing
8: Do Changes in Expenses Justify Modification of Child Support?
Yes, certain changes in child-related expenses could justify changes in child support. A couple of the more common changes are:
✔️Any change in daycare
✔️Change in alimony. More alimony means less child support and visa versa
✔️Drastic change in payroll taxes
9: How is The Amount of Child Support Determined in Florida?
Florida has a child support guidelines worksheet , with a formula that calculates the amount of child support.
You can use a child support calculator to better understand how the calculation works.
10: Can I Reduce My Child Support Due to COVID19?
In Florida, a loss of employment or involuntary decrease of income are considered valid grounds for reducing the amount of payments. However, if you experience an economic hardship due to the COVID-19 pandemic , your existing support order will continue to charge at the ordered amount until there is a court order that either modifies or terminates it.
At Brodie & Friedman, P.A. our modification lawyer’s experience with Florida family law and procedure can give you a good idea of the likelihood that any proposed modification will be approved. If the change you have in mind isn’t likely to be granted, we’ll recommend that you save the money and trouble you would otherwise spend on a longshot court hearing. Similarly, if you’re inclined to oppose a motion for modification, we can help you pick your battles wisely.
With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support.
To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100
Josh and his team proved their track record. I hired him at 9am and they appeared for me by 1pm the same day. Highly contested paternity case, turned dependency nightmare. He faught hard in a short time and got the results I needed. My baby back. Josh and his associates are kind, patient, diligent and aggressive. They are human. I trusted them through the whole process. I was kept informed and they faught with passion. I’d rehire josh and his team any day. It was well worth the money spent. – Rochelle
Jason and his team were great. They expedited my divorce of 27 years. Jason keep me on point and protected my rights. Jason truly has a gift, he provided me all the facts and navigated the process with ease. If you want a team of attorneys that have your best interest at heart, call Jason Brodie. – David
I could not be more satisfied with the way Josh represented me during my divorce. He is professional, passionate, and truly cares for his clients. His attention to detail is impeccable. He thought of all possible scenarios and addressed them all. He is relentless in making sure you are not being taken advantage of. I’m so great full for his services and I highly recommend him. – Diego
Jason Brodie is what you want in an attorney: Ethical, classy, smart, and most of all he understands the law. He told me the truth, not what I wanted to hear, and gave me my options. He works with you to achieve your outcome. He did a masterful job for me! His firm is just as attentive, smart, and responsive, and gives you the support while you are getting battered by the despicable assaults from your ex and their counsel. It was a tough case, but he got it done ethically. It’s now over and I’m at peace. – Vincent B.
The best thing about Joshua Friedman was his compassion, knowledge and commitment. He was straight forward and told me what to expect each step of the way. He not only advised me on my initial separation, but continued to guide me until my divorce was finalized. He kept me informed with each new filing and discussed all of my options and risks. He was honest and answered each of my questions with thorough and thoughtful responses. His knowledge of the law was invaluable and I can’t thank him enough for his professionalism and dedication to my case. I would highly recommend him to anyone looking for a lawyer who will devote his all to his clients. – Jennifer
