Basis for Child Support Modifications

child support attorney orlando flAlthough divorce agreements and judgments are intended to be final after a case is closed, divorce agreements and judgments which require the payment of child support are always subject to modification by the Court.   The party seeking to modify the terms of the existing agreement or judgment has the burden of providing that a permanent, substantial, involuntary, and unanticipated change in circumstances has occurred.  In Florida, the Court will not modify child support unless the change results in a change of $50.00 per month, or 15%, whichever is greater.   Listed below are a few life changes that could provide a basis for seeking a child support modification.

  • Change in Day Care Expenses and Insurance

If your child has started school and is no longer enrolled in an expensive day care, the resulting decrease in child care expenses incurred by the other parent could result in a significant decrease in your child support payments.   Similarly, if the other parent was supposed to carry health insurance for the child and you are now carrying that expense, your  child support might be subject to modification.

  • Older Child Ages Out

If your child support order does not provide for the child support to “step down” when the older child(ren) turns 18 (or graduates from high school before 19) and is no longer eligible for support, then the child support may need to be modified with respect to the remaining minor child.

  • Substantial Change of Income

An unanticipated change in a parent’s income could be a sufficient reason to modify support. For instance, if you had a fixed income at the time of the divorce hearing, and since then been demoted or laid off, you may require a decrease in child support payments.  The change has to be involuntary, however, as the Court has the power to impute a higher income to any party who chooses to reduce his or her income.

Please note that the laws of state differ with respect to child support and the burden to met for a modification.  If you are interested in speaking to our child support attorney in Orlando, FL, contact us today at (407) 894-6750 to schedule a free consultation.