Modification of Child Support

Whether unmarried parents go separate ways or a married couple divorces, certain agreements including those pertaining to child support are not always set in stone. As experienced child support modification attorneys, we understand that there are circumstances which may change, necessitating that the amount of child support paid by a non-custodial parent be modified, or even stopped depending on the situation. Regardless of whether you are seeking modification, or need a lawyer to defend against requested changes by the other parent, we are here to offer exceptional legal guidance and support.

In Florida, there must be a significant change in circumstances to warrant a modification of child support. It is vital for parents to know that changing the terms of child support is not easy, and in fact is quite complex. In most cases, a change in circumstances should be a factor that is outside of a parent's control, such as jobless. In other words, the factors which support a change in child support are typically involuntary, and may include illness, loss of job, and other factors.

Modification of child support can mean a parent desires to either decrease or increase the amount of support paid. Parents who pay child support may desire to decrease the amount paid, however the reason for modification must satisfy the court, and typically include:

• The paying parent lost his/her job, or experienced a decrease in income
• The receiving parent is now in a higher income bracket
• Expenses for child/children reduced (for instance, child is now in school and daycare costs have ceased)

The amount of child support may also be increased if there has been a significant change in circumstances such as:

• The parent receiving support has lost his/her job (quitting a job will not result in an increase in financial support)
• The parent receiving support has experienced a loss of income due to involuntary circumstances
• The paying parent has had an increase in income
• Increase in child/children's expenses

Child support guidelines are used to determine the amount of child support that will be paid if a modification is granted. Florida statute section 61.30(1)(b) requires circumstances change substantially, to the extent that the minimum upward departure from the current monthly obligation is 15% or $50, whichever is greater.

We understand that family issues are often difficult, and that the courts are not easily persuaded to make changes to any agreements, including those regarding child support. However, a significant reduction in pay, loss of employment, increase in childcare costs, or even the illness of a parent or child sometimes puts one or both parents in an impossible position. We understand what you are going through, and are ready to begin work on your behalf today in order to reach the outcome you desire. Call Adams, Luka, & Benton now for a free consultation regarding your case at 407-872-0303 or 352-357-4084.