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Florida Family Law

When Do You Need to File a Petition for Modification of Child Support?

Filing For Child Support Modification

 

By David Roberts | Family Law Attorney
Posted on February 13, 2018

You may file a petition to modify child support if you are court ordered to pay or receive child support and want to ask the court to modify the amount you are currently paying or receiving.

If you currently have a court order in place that requires child support be paid, and there is a substantial change in circumstances, you may file for modification as long as the change will be at least 15% or $50, whichever is greater.

Substantial changes in circumstances may include:

  • Change in income. The most common request to have a child support amount adjusted is a change in income.  The change can involve either the parent paying support or receiving support due to an increase or decrease in income.  While there is no exact amount the earnings must change, the end result must be that the child support guidelines would change by at least 15% or $50 to be able to file for modification.
  • Change in parenting time. A substantial change in the parenting plan may support a modification of child support in Florida as well. Typically, the time-sharing, or the number of overnights with the child, impacts child support significantly.
  • Change in expenses. Changes in child-related expenses such as daycare, health insurance for the child or parent, alimony, and taxes could impact changes in child support as well.

Procedure for Child Support Modification

The parent wanting to change the child support amount must file a Supplemental Petition to Modify Child Support and serve the petition to the other spouse, whether by personal service or constructive service.

The party being served has 20 days to respond to the petition. Your case will then typically proceed in one of three ways:

  • Default. If no answer has been filed after 20 days, you may file aMotion for Default, Florida Supreme Court Approved Family Law Form 12.922(a) with the clerk of court.
  • Uncontested. If the respondent files an answer that agrees with everything in your supplemental petition and you have followed mandatory disclosure instructions, filing all required papers, you may call to set a final hearing with a clerk, family law intake staff, or judicial assistant.
  • Contested. If the respondent disagrees with, or denies, your supplemental petition request and you can’t settle your dispute issues, speak with your attorney about options.

A Family Law Attorney Can Assist You

The laws regarding the modification of child support can be complicated, as each case is different from one another. The experienced child support attorneys at the Roberts Family Law Firm in Orlando, represent clients needing legal assistance modifying child support payments. Call us today at 407-426-6999 or fill out the online form located on this page and we will contact you shortly.

Orlando Family Law Attorney David Roberts

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