Modification of Child Support

arties financial situations may change during the minority of the child. During difficult economic times, it can be hard for one parent to keep up with child support payments. If you are having a hard time keeping up with your child support payments, or you believe you are entitled to more child support due to a change in circumstances, a petition to the court must be filed if you want to change the child support amount.

In order to modify child support a party must establish that there has been substantial change in the circumstances since the entry of the Final Judgment or last support order. The substantial change must also be material, substantial, and continuing since the entry of the prior judgment. The amount of child support that will be paid for the support of a child is dependent upon the Florida Legislature’s statutory guidelines and is determined on the child’s “need.”

Specifically, the Court investigates whether there has been a change in the party’s income that necessitates a recalculation of the child support. In order for child support to be modified there must be a substantial change in circumstances in which the current child support guidelines differ from the previously established guidelines at least 15% or $50, whichever amount is greater.

Reasons for modification of child support may include:

• Paying party loses their job
• Paying party’s loss of income
• Receiving party obtains an increase in pay
• Child’s expenses decrease
• Receiving party loses their job
• Paying party makes more money
• Child expenses increase
• Illness
• Failure of a parent to exercise time-sharing

Penalties for not paying child support include:

• Payment may be taken out of wages
• Driver’s license may be suspended
• Tax returns may be seized
• Jail or prison time