Modifying Child Support In Florida

In Florida, a parent owes a duty to their child to provide support, whether the parents are still married or not. This right is seen as crucial and inviolate – when executing a prenuptial agreement in Florida, one of the few rights that cannot be waived or disposed of is the right of any children of the marriage to support.  However, a support obligation can be modified if certain criteria exist in your situation. The right attorney can help.

Change Must Be Made Affirmatively

Florida law, like the law in many other U.S. states, holds that modification of child support can only happen if there has been a substantial change in circumstances – usually, this means a significant increase or decrease in income. However, a change in the amount one must pay can happen without an official ‘modification’ needing to take place.

One scenario in which this can occur is when a child ages out of needing support. Most child support agreements are tailored so that when a child reaches the age of 18 or becomes emancipated, support will end (by law, an 18 year old is no longer a minor child, and thus not entitled to support). That said, in general, support modifications are not made automatically; one must pursue the matter in order to make them happen.

What Constitutes A “Substantial Change?”

In order to make a modification to your child support obligation in Florida, you must establish that ‘substantial change in circumstances.’ The simplest way to do so is by showing a raise or a pay cut, but other scenarios may qualify – for example, a child who becomes disabled may require more support or a modification of parenting time. A court will grant a modification if the need is truly present.

The three main criteria for a change to be deemed ‘substantial’ enough are (1) significant, in the sense that it would materially affect a person’s budget for better or worse; (2) permanent, or at least not temporary – that is, the change must last for long enough that it will have an impact on a person’s life or livelihood; and (3) involuntary. If a person voluntarily takes a pay cut, for example, it is not grounds for modification of child support.

Contact A Hollywood, FL Child Support Attorney

A child support obligation is the price one pays for being in their children’s lives, but it is meant to be an obligation that will not bankrupt a parent. A Hollywood, FL child support attorney from the Law Offices of Steven A. Mason, P.A. can help answer your questions about the process of modification. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html