815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
Child support is one of the core elements that determine the outcome of a divorce. If you are bound by a child support arrangement, you probably understand inconvenient that monthly, biweekly or weekly payment can be in your bank account. It can be very challenging to get around when surrounded by the astronomical amount of child support, particularly during a financial crisis like falling income levels and job losses. If your situation warrants it, a child support modification can be filed on your behalf by Frank Family Law Practice in Altamonte Spring to reduce the amount payable under the child support arrangement.
Yes. Under Florida law, your original child support agreement is modifiable. However, there are specific requirements you must meet before your request for modification can attract any consideration. If you meet all of the conditions that warrant modification, you can (through your law firm—Frank’s Family Law Practice in Altamonte Spring) file a petition with the court to initiate the modification process.
In order to be successful in your child support request, there must be proof of a significant change in financial or personal circumstances as a parent. These changes include:
Any change in the level of income, notwithstanding, being positive or negative, is a ground to file for modification and reduction of child support arrangement. Income changes are the most common reason why child support modification is requested in Florida. The law does not stipulate any specific amount of change in income as at when the modification is being filed. However, the law of Florida requires that the modification sought must not be lower than a 15% or $50 difference. In other words, except the modified amount would alter the arrangement by 15% or $50, no modification of the child support will take place.
Another ground for which you can file for modification is if you have lost your job. Provided it is not a deliberate act to avoid the child support responsibility, a loss of employment and any involuntary unemployment is a ground to file for child support modification.
Changes in expenses relating to child support such as daycare that varies with years are grounds for filing for child support modification. For instance, A child care support arrangement that includes daycare while the child is still under pre-school age will become irrelevant once the child has grown above that age the daycare expenses are over, constituting a ground to claim modification for child support.
If there is a significant change in the amount or level of parenting time, either of you can file for a modification of child support. Previously, the court would only evaluate the level of overnight parenting as the deciding factor in awarding or refusing a modification. But with the latest development in the law, the courts now assess and take into consideration the total time parenting, notwithstanding if its overnight or not.
Child support is an essential but emotional arrangement for everyone involved. It is something that must be done right to ensure the future of the child while also caring for the interest of the parent making the payment and the one receiving it. At Frank’s Family Law Practice in Altamonte Spring, our child custody attorney will handle your case and ensure that you get a fair and beneficial treatment.