When parents dissolve their marriages through divorce or a non-married couple has a child out of wedlock, the state of Florida strives to ensure they provide financial support to their children. Section 61.30 of the Florida Statutes includes guidelines that the state’s family courts use to determine the fair amount of child support a parent must pay. These guidelines primarily focus on each parent’s income, the basic needs of the children, and healthcare and childcare costs.
Most Florida parents comply with their child support orders, whether because they want to support their children or avoid legal consequences. However, what happens when a parent paying child support experiences a significant change in their financial circumstances? For example, can a parent paying support seek a modification in the payment amounts to account for a drastic decrease in income? On the other hand, can a parent receiving child support on behalf of a child seek an increase in payments due to increased childcare needs or because their ex-spouse started earning significantly more income?
The skilled family law lawyers at Cowhey + Ward Attorneys at Law, who frequently hear these questions from their Tallahassee-area clients, will tell you that Florida child support laws have provisions allowing such modifications. With expertise in helping clients navigate the legal complexities of petitioning the court to modify child support in Florida, read on to learn what they have to say about the legal process for seeking child support modification in Florida.
Requirements for Modifying Child Support in Florida
Florida statutes allow for child support modifications if supported by a “substantial change in circumstances” that is material, permanent, and involuntary. Common reasons parents petition the family courts in Florida for child support modifications include:
- Change in Income—a significant increase or decrease in either parent’s income can justify a modification of child support.
- Change in Parenting Time—if the parenting plan is adjusted in a manner that changes the number of overnights a child spends with each parent, the family court may modify child support to reflect the change in parental childcare expenses.
- Changes in Childcare Needs—medical conditions, educational needs, extracurricular activities, and other factors relevant to the child’s needs can justify a successful petition to modify child support.
- Changes in Expenses—changes to significant childcare expenses, such as health insurance or daycare, are acceptable reasons to seek child support modifications.
We reiterate that these changes must represent a “substantial change in circumstances” that are material, permanent, and involuntary. On the last point, you can’t just quit your job because you hate your ex-spouse and don’t want to provide them any support at all, even if on behalf of a child. From a permanent perspective, a six-month leave of absence from work will not qualify. As for material, Florida law requires petitioners to seek new support amounts that differ by a minimum of 15% or $50 for child support orders issued or modified within the last three years. The threshold is lowered to the greater of 10% or $25 for older order issuances or modifications.
Steps to Modify a Child Support Order in Florida
- Before petitioning a Florida Family Court for child support modification, you should verify that you can prove the relevant elements—substantial, material, permanent, and involuntary—are inherent in the change in circumstances. You should also confirm that your requested support change meets the threshold requirements. An experienced family law attorney, such as those at Cowhey + Ward, can assist you with this research, and help prepare the petition, gather supporting evidence, negotiate with the other parent (if feasible), and represent you in the family court hearing.
- Complete Form 12.905(b)—Supplemental Petition for Modification of Child Support—and file it and the supplemental financial affidavit with the family court that issued the original child support order. If the child and/or other parent now lives out of state, consult with your lawyer to determine jurisdiction.
- Provide the other parent with the petition, preferably as a summons properly delivered by a process server, as this requires them to respond within 20 days once served.
- The other parent can agree with the terms of the petition, after which both parents submit a joint written agreement for child support modification to the family court for its approval. Otherwise, the other parent can either seek negotiations to come to a mutual agreement on the modifications or deny the petition. Upon denial, you must file a notice with the court seeking a hearing on the issue.
- During the hearing, both parents are allowed to present evidence in support of their position for or against child support modification. Such evidence can include pay stubs, medical bills, parenting time records, or anything relevant to the claimed substantial change in circumstances. The family court judge will either approve or deny the modification based on a “preponderance of the evidence.” If approved, they use the previously mentioned Section 61.30 statutory guidelines to calculate a fair adjustment in child support.
The process for seeking a modification in child support in Florida can take up to six months and sometimes longer. During this time, the original support order remains in place; however, the family court judge can order that the modification be retroactive to the date of filing.
Consult Cowhey + Ward for Your Child Support Modification in Florida
Navigating the legal details of successfully petitioning family courts in Florida to modify child support orders is challenging, especially when contested by the other parent. To ensure success with your child support modification petition or for legal assistance with any family law issue, contact Tallahassee’s Cowhey + Ward at (850) 222-1000.