Modifying Florida Child Support

In Florida, the amount of child support that a parent is required to pay is based on the income of both the parents and the needs of the child or children. The court order will outline how much child support is due when it should be paid, and who will receive what support.

Child support agreements are very difficult to change. In Florida, in order to modify a child support order, the requesting parent must be able to show a substantial change in circumstances such that he or she needs to modify the terms of the current agreement. What is considered a “substantial change” which would allow a modification is left up to the court.

Attorney for Modification of Child Support in Fort Lauderdale, FL

If you or someone you know has had a change in circumstances like job loss, income change, or perhaps, the needs of your child have changed, and you need a modification of your child support agreement, contact the attorneys at Bacchus Law Firm.

Our lawyers have handled family law child support issues for years and can advise you of the kinds of circumstances that have qualified for modifications in the past.

Our offices are centrally located at in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been arrested or are subject to investigative procedures in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.

Call (954) 500-5555 for a face-to-face consultation.

Overview of Modifying Florida Child Support in Broward County

• How does child support get modified in Florida?
• What happens when a parent fails to adhere to a parenting plan?
• What is Florida’s child support schedule?
• What constitutes a substantial change?
• Where can I find more information about modifying Florida child support in Fort Lauderdale?

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Modification of Child Support

Changing an existing child support order is difficult to do in Florida. The requesting party must be able to show a substantial change in circumstances to warrant a modification.  When establishing or changing a child support agreement, the court will consider all relevant factors including:

• the needs of the child
• the child’s age
• the child’s station in life
• the child’s standard of living
• the parent’s financial status
• the parent’s ability to pay

These factors are also considered when establishing a modification. Circumstances that warrant a child support modification can vary depending on whether the petitioner wants to increase or decrease the amount of child support.

Factors for increasing child support may include the following:

• receiving party’s loss of a job
• receiving party’s loss of income
• an increase in paying party’s income
• child expenses increase
• subsequent children

Factors that may call for a decrease in child support can include:

• paying party loss of job or income
• receiving party’s increase in income
• childcare expenses decrease
• a change in the child’s residence

Subsequent children as a basis for modifying a child support agreement may only be raised in a proceeding for an upward modification of an existing award and may not be applied to decrease an award.

Every petition for child support modification must include an affidavit, which must show the party’s income, allowable deductions, and net computed income.

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Not Sticking to the Parenting Plan

A parent’s failure to adhere to the parties’ agreed-upon parenting plan or time-sharing agreement that is not caused by the other parent and also resulted in an adjustment of the child support amount is automatically considered a “substantial change in circumstances” for purposes of modifying the child support award.

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Florida Child Support Payment Chart

The court may order a child support payment schedule based on the combined net income of each parent.  The child support schedule amount presumptively determines the amount the court will order in an initial proceeding for child support or in a modification of an existing support agreement. The Florida child support schedule, according to Fla. Stat. § 61.30 is as follows:

The Florida Statute outlines the required payments based on net monthly income and the number of children an individual has to care for up to a monthly income of $10,000.

If the paying individual’s income is less than the amount specified in the guidelines, then the court will order the paying party to pay child support as determined on a case-by-case basis.

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What is a Substantial Change?

The Substantial Change test is a two-part test used to determine whether there has been a substantial change in one parent’s circumstances to warrant a modification of child support or a time-sharing agreement.  A substantial change in circumstances is one that is “substantial, material, unanticipated at the time of the final judgment, and permanent in nature.”

According to the Florida Supreme Court, the substantial change test includes the following:

1. that there was a substantial and material change in circumstances, unforeseen at the time of the final judgment for child support or custody; and
2. that the best interests of the child can still be promoted by the change in the custody agreement.

With this extraordinary burden, the petitioning parent must first show that there was an unforeseen change in circumstances. Once the court determines that such circumstances exist, then it must determine whether the suggested modification is in the best interest of the child.

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Additional Resources

Wade v. Hirsch –Visit the Florida Supreme Court for the full opinion concerning modification of a timesharing agreement and the application of the substantial change test. The “substantial change in circumstances” test is the premiere test for modifying many marital, post-marital, or child custody agreement under Florida law.

Fla. Stat. § 61.30 –Visit the official website of the Florida Senate for the full Florida Statute on child support guidelines, retroactive child support and the full child support schedule.

Family Law Forms – Visit the official website of the Florida courts for the Family Law Forms used to request a modification of a timesharing or child support agreement under Florida law.

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Find an Attorney for Modifying Child Support in Broward County, FL

If you or someone you know has experienced a substantial change in circumstances and requires a modification of their child support agreement, then call Bacchus Law Firm.

The experienced family law attorneys in our office will guide you through the steps necessary to modifying or terminate your child support agreement. Our lawyers are zealous and dedicated advocates who will fight to get you the best possible result.

We take cases throughout the Miami-metropolitan area in counties like Hendry County, Palm Beach County, Collier County, and Miami-Dade County, FL.

Our office is centrally located at in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been arrested in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.

Call (954) 500-5555 to schedule a no obligations consultation with our family law attorneys.