- Significant life changes, such as income fluctuations or health issues, may require adjustments to child support orders in Florida.
- The process involves gathering documentation, filing a petition, attending a court hearing, and ensuring the modified order is enforced.
- A lawyer can help you navigate the modification process, from petitioning to enforcement, and offer additional support for complex cases.
Child support orders are designed to ensure that children receive the financial support they need from both parents, but these orders are not set in stone. In Florida, when significant life changes occur, a parent can request a modification of their child support order to reflect the new situation.
Here’s a breakdown of how you can approach the law to modify your child support orders in Florida.
Factors Determining Child Support
Child support is calculated using various factors, including each parent’s income, the number of children, and the time-sharing arrangement. The state of Florida has established a stringent set of guidelines that helps determine fair child support payments. You, as a parent, must be able to produce documentation that declares the substantial, material, and involuntary change in circumstances to modify the original order.
Change of Income
When either parent experiences a substantial increase or decrease in income—like losing a job or getting a new, higher-paying job—this could qualify as a significant life change. The court may assign an income level based on potential earnings if it believes a parent is underemployed to avoid paying child support.
It’s important to note that unemployment must be accompanied by efforts to secure new employment.
Changes in Child’s Needs
Increased expenses related to the child’s need for additional medical care, therapy, or special education may necessitate an increase in child support. Likewise, in rare cases where a child receives an independent source of income (such as from a job or inheritance), a parent may petition to lower their support obligation.
Changes in Parenting Arrangements
Time-sharing refers to the amount of time each parent spends with the child, and any substantial change in this arrangement can lead to a recalculation of child support obligations. In other words, the non-custodial parent’s payments may decrease if they begin to spend more time with their child.
Florida legislation has strengthened courts’ ability to consider the actual parenting pattern rather than solely relying on the parenting plan. This means that even if the parenting plan specifies one overnight split, the reality is different; the court can adjust child support accordingly.
Disability or Health Issues
If a parent becomes disabled or suffers from a long-term illness that reduces their ability to earn income, they may petition the court to lower their child support amount. If the health issue or disability is permanent, Florida’s laws make long-term modifications more likely.
The court will consider factors such as the severity of the disability, the parent’s ability to work, and the additional expenses associated with the disability. In some cases, the court may order a vocational evaluation or other assessments to determine the extent of the disability and its impact on the parent’s life.
Aging Out
Child support typically ends when a child reaches the age of 18; however, there are some exceptions to this general rule. In some states, child support may continue beyond 18 if the child is still enrolled in high school.
In Florida, child support orders must include a specific end date, typically set as the child’s 18th birthday. This means that payments will automatically stop on this date. For families with multiple children, the order will outline individual end dates for each child, reflecting their birthdays.
While the end date requirement was introduced in 2010, it’s important to note that older child support orders might not contain this information. Even some orders signed after 2010 may still lack specific termination dates. This discrepancy can lead to confusion and potential complications when ending payments.
Changing a Child Support Order
A child support order can be modified if either parent’s circumstances change significantly. To request a change, parents can contact the child support program or file a petition in court. The program will review the parent’s financial information to determine if there’s a substantial, permanent, or involuntary change. If the program determines a change is warranted, it will initiate proceedings to modify the order.
A change in circumstances must be substantial, permanent, and involuntary. Temporary or short-term changes are not sufficient. For example, a temporary job loss might not qualify as a permanent change. Voluntary changes, such as quitting a job or engaging in criminal conduct, generally do not warrant a modification.
Steps to Modify Child Support in Florida
Whether you go through the Department of Revenue or the more formal court system, you must clear a set process by the state’s legal team. Here are some steps you should follow to modify your child support successfully.
Gather Supporting Documentation
The court requires evidence that supports your claim, and providing comprehensive and accurate documentation strengthens your request. You must present your most recent pay stubs, typically covering the last 3–6 months, to demonstrate any salary differences in your income. Also, tax returns for the previous 1-2 years will help show the difference.
Provide medical records that detail any diagnoses, treatments, or ongoing health issues. You can add medical bills, insurance claims, and out-of-pocket expenses for treatment, prescriptions, therapy, or surgeries.
File a Petition for Modification
This formal legal document requests a court review of the current child support arrangement and asks for a modification based on your new circumstances. The primary forms that might require additional submissions are a notice of Social Security number, Family Law Financial Affidavit, and Child Support Guidelines Worksheet. These forms outline why you believe the current order should be modified.
You can hire an attorney to assist with the process or file pro se (representing yourself) using the forms mentioned above on the Florida Department of Revenue’s website or at the local courthouse.
Court Hearing
In many Florida counties, mediation is required before a child support modification case can proceed to a full court hearing. During mediation, both parents meet with a neutral mediator to agree on the new terms. Once both parties are notified, the court will schedule a hearing, at which the judge will decide whether to modify the child support order. This is done only after meticulously reviewing the petition, response, and supporting documents on or after a court hearing.
Enforcement of the Modified Order
Once the modification is approved, the new child support order becomes enforceable. If either parent fails to comply, the court can impose penalties, such as wage garnishment, property liens, or driver’s license suspension. The court is also capable of charging with contempt, resulting in huge sums in penalties or even jail time.
Additionally, if a parent struggles to receive payments under a modified order, acting quickly and exploring the enforcement options available under Florida law is essential.
At Tampa Divorce: Family Law and Divorce Lawyer, we are adept at managing complex family law cases, including modifications to child support orders due to life changes. Call us today at 813.370.0893 or visit us at 13057 W Linebaugh Ave Ste 102, Tampa, FL 33626.
