According to Florida family law,
child support is always modifiable if the change would be at least $50 or 15% (whichever
is greater). However, a “substantial change of circumstances”
since the entry of the Final Judgement of Dissolution of Marriage must
be evident and established in order to qualify for child support modification.
The substantial change may consist of a variety of situations, including:
- Change in income. This is the most common reason for child support modification. The change
can be either be the increase of income (getting a raise or higher paying
job) or the decrease of income (losing job) and may involve either the
paying parent or non-paying parent.
- Change in parenting time. Child support modification can occur based on parenting patterns. Florida
courts now calculate child support according to the “actual”
parenting plan, instead of the parenting plan attached to the last final
- Change in expenses. Certain changes in child-related expenses could warrant modification in
child support, such as daycare, alimony (temporary or defined-term), taxes,
child’s health insurance, and parent’s health insurance.
Those who qualify must file a Supplemental Petition to Modify Child Support
and serve the petition to the other spouse. Similar to a
divorce or paternity case, each party must disclose financial information to the other side,
which may require mediation prior to trial.
Anne E. Raduns, PA, we possess the comprehensive understanding of child support law in Florida. With
more than 10 years of experience, our Ocala family law attorney can listen to your case and offer the effective
legal solutions necessary to improve your quality of life and your child’s.