“Substantial, Permanent & Involuntary:” Modifying Florida Child Support

Discussing child support can be a contentious endeavor during a divorce, given how many variables must be considered before an agreement can be reached. Modifying child support after the fact, however, tends to be more straightforward. In Florida, a person may seek a modification of their child support order if they have experienced a “substantial, permanent, and involuntary” change in their financial circumstances.

15 Percent Or $50

In terms of hard and fast legal criteria to qualify a life event as a sufficiently “substantial” change, the only specified metric is financial: Florida law holds that a court may not engage with a modification request unless the disparity between old and new obligations is 15 percent or $50, whichever is greater. This is meant to discourage requests that might be made if a parent simply thinks they should have to pay less.

There are many different life events that may merit a change, but they all tend to fall under two main umbrellas: an adjustment in a parent’s income, or an adjustment to the time-sharing agreement. If a parent receives a promotion or is fired, their income will naturally change for better or worse, while an adjustment to one’s child support obligation makes sense if they suddenly have more or less time with their children.

Do Not Hide Income

Many modifications must be made judicially, necessitating a petition being filed in court, though if a couple already has a case with Florida’s Department of Revenue (DOR), the agency may initiate a modification for them if the financial criteria apply. If a parent is seeking a modification on their own, they may file their petition with the court, but it is not uncommon for the court to suggest mediation as a prelude, to see if the ex-spouses can agree on a modified support obligation.

It is important that a parent not attempt to hide income or accept a pay cut solely to decrease their obligation. Courts will scrutinize a parent’s finances carefully, and will impute a higher income (thus creating a higher support obligation) if the judge thinks it necessary. Florida’s family courts are required to act in the best interests of the child – not necessarily of the parent.

Contact A Hollywood, FL Child Support Attorney

Courts understand that life changes, and will generally be receptive to modification requests in good faith – but proper procedure must be followed. A Hollywood, FL child support attorney from The Law Offices Of Steven A. Mason, P.A. can help work toward an outcome that benefits your children the most. Call our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2025/61.30