If you want to change a child support order in Florida, the process involves several steps and legal requirements. This guide will help you understand the steps involved and the conditions under which a child support modification can be requested.
It is important to follow the right steps to give you the best chance of success when requesting a child support modification.
Grounds for modifying a child support order
Florida law allows parents to request a modification to a child support order if there has been a substantial change in circumstances. Common reasons for a modification include a significant increase or decrease in income, job loss, a change in the child’s living arrangements or the child reaching the age of majority. The change must be permanent, substantial and unanticipated.
Filing a petition for modification
To modify a child support order, you must file a “Petition for Modification of Child Support” with the court. This petition should detail the changes in your circumstances and why the existing child support order is no longer appropriate. It’s recommended to include any documentation, such as pay stubs, medical records or child care receipts, to support your claim.
Court review and decision
Once the petition is filed, the court will schedule a hearing where both parents can present their case. The court will review the evidence and decide whether a modification is warranted. In Florida, child support is typically calculated based on the income of both parents, the number of children and the time spent with each parent, so the court may recalculate the support order based on these factors.
Navigating the legal system can be challenging, especially with child support modifications. It’s often helpful to consult with an experienced family law attorney who can guide you through the process and ensure that all necessary documents are filed properly.