Modification of Child Support

At the conclusion of your divorce, paternity, or separate child sup-port case, a monthly child support payment amount may be or-dered. In some case, the monthly child support stays the same until the obligation of support terminates when the child reaches 18 years of age. However, in many cases, a modification of child support may be appropriate. Florida statute allows parents to seek a modification of child support based on a substantial change in circumstances. The Tampa area attorneys at the Fam-ily Law Advocates have years of experience helping clients with child support modification matters. Whether you are seeking to modify your child support judgment, or defending against a peti-tion to modify, we can assist you with all aspects of the process. With each child support case, we strive to make sure you are re-ceiving or paying fair monthly child support. Our only goal is the best possible outcome for you, the client.

There are many reasons why a modification to your existing child support orders may be appropriate. These reasons can include:

• Changes to either parent’s income
• A good faith career change
• Changes to the time-sharing schedule
• Loss of employment
• Disability
• Changes to the cost of health insurance, daycare, etc.

Pursuant to Florida law, a modification of child support is generally go-ing to be applied retroactively to the filing of a supplemental petition to modify child support. When issues arise, it’s important to understand your rights and options. It can also be important to act quickly so as preserve retroactivity. Call the Family Law Advocates to discuss your sit-uation with one of our Tampa child support modification attorneys.

Florida child support generally runs until a child turns 18, though can continue to age 19 if a child is verifiably still in high school. Like most aspects of family law, a child support modification can be compli-cated. Florida statute provides procedures and guidelines for the courts and parents to follow when navigating a petition to modify. Pursuant to Chapter 61.30, the general standard for modifying a child support judgment is that there has been a substantial change in circumstances. Statute mathematically defines what that means by indicating that a substantial change occurs if the monthly child support amount would go up, or down, by 15%, or by $50 dollars, or more, whichever is greater, based on the changed circumstances.

The first step in seeking a child support modification is the filing of a supplemental petition to modify. A financial affidavit, showing sources of income and net income, must be filed with the petition. The receiving party will also be required to submit an affidavit. Failure to respond can result in a default, modified judgment be-ing entered. If the parents cannot agree on a child support amount, the court will ultimately decide. As with the initial estab-lishment of child support, the monthly payment will be calculated based on the child support guidelines. As in the original case, dis-agreements may arise regarding income figures and sources, or various expenses, such as work-related day care or monthly health insurance premiums. In any case, we will work hard to reach a conclusion through settlement. If your case cannot be set-tled amicably, your FLA attorney will be ready to proceed to a court trial.

Generally, child support is assessed retroactively to the filing of the supplemental petition. However, child support can also be modified retroactively to the point in time at which a parent with substantial time-sharing voluntarily stops exercise their time with the child.

The attorneys at the Family Law Advocates have handled the full array child support and modification cases. We have seen and ex-perienced most imaginable scenarios, which gives us a unique perspective on how best to deal with the individual and unique cir-cumstances of your case.

The attorneys at the Family Law Advocates understand that your circumstances can, and often do, change over time. The child support orders in effect after your divorce was finalized may not be appropriate years later.

It is important that you not delay in filing for a modification to your existing child support orders. You may think that a job loss or a change in income is temporary or short lived, but the truth is that no one can know how long it will continue. By delaying the petition to modify the existing orders you put yourself at risk of financial loss or hardship.

When you need to modify these child support orders, call upon the experienced lawyers at the Family Law Advocates. Help is only a brief phone call away. You can also contact us online to schedule your initial consultation with a member of our family law team.

The Family Law Advocates also represent men and women is all types of cases related to divorce, paternity, child custody, and alimony. Our office is conveniently located in the Westshore area of Tampa, with easy access to St. Petersburg and the Tampa Bay area.