Life changes. Jobs shift, incomes rise or fall, children’s needs evolve. In Florida, child support orders are not set in stone. If your circumstances have changed, you may have the right to ask the court to adjust the amount of child support you pay or receive.
When can child support be modified?
Florida law allows a modification if there is a “substantial change in circumstances” (Florida Statute § 61.30(11)(a)) since the last order was entered. Common examples include
- A significant increase or decrease in either parent’s income
- Loss of a job or involuntary reduction in work hours
- A child’s incurs ongoing extraordinary medical, psychological, dental or educational expenses
- A change in the amount of overnight time each parent spends with the child
- One parent becoming responsible for additional children
As a general rule, the change in circumstances must result in at least a 15% or $50 difference in the monthly child support amount to justify a modification.
Who can request a modification?
Either parent can file for a modification. You do not need the other parent’s agreement to ask the court to review the order. However, you must show documentation proving the change in circumstances.
What does the process look like?
- File a Petition: You or your attorney will file a Petition for Modification with the court.
- Provide Financial Documentation: Updated pay stubs, tax returns, and any relevant expense records are required.
- Serve the Other Parent: They will have the chance to respond and provide their own financial records.
- Court Review: A judge or hearing officer will review the new numbers and issue a decision.
If both parents agree to the new amount, the modification can often be handled through a stipulation and court approval without a full hearing.
What if you’re the parent receiving support?
Do not delay filing if your child’s needs or your financial situation have changed. A modification is not retroactive to when the circumstances changed. It only takes effect from the date you file the petition.
What if you’re the parent paying support?
If you lose your job or your income drops significantly, file as soon as possible. Continuing to pay the old amount without requesting a modification can result in arrears and penalties, even if the reduction is out of your control.
Why work with a financial professional?
Child support calculations take into account each parent’s income, deductions, healthcare costs, and the number of overnight visits. Having a Certified Divorce Financial Analyst (CDFA®) review your situation can help ensure you’re presenting accurate numbers and not overlooking deductions or credits.
Final Thought
Bottom line: If life has changed and your current child support order no longer reflects your reality, you have options. Understanding the rules and acting quickly can save you time, money, and stress.
At Orlando Divorce Planning, we can help you gather the right documentation, understand how the numbers will be recalculated, and work with your attorney to move the process forward.
Contact us today to schedule a consultation. Together, we’ll build a clear strategy that protects your interests and sets you up for financial security post-divorce. Don’t leave your future to chance—let’s get started.
Contact Orlando Divorce Planning now to schedule your consultation and take control of your financial future.
Disclaimer: Orlando Divorce Planning is not a law firm or accounting firm. We do not provide legal or tax advice. This content is for informational purposes only. You should consult with a qualified attorney or tax professional for advice specific to your situation.