Child Support Modification
In order to modify child support in Florida, there has to be a substantial change in circumstances that were unanticipated at the time of the entry of the Final Judgment that established the child support. The substantial change has to be involuntary in nature. Therefore, neither parent can quit their job and expect to modify child support and claim that they are making less money.
The following are some factors that may be used in decreasing a child support obligation. (Florida)
- The paying party loss of employment
- The paying party loss of income
- Receiving party’s income has increased
- Medical Insurance obligation have decreased or no longer exist
- Child Care expenses have decreased or no longer exist.
- Timesharing with the paying party has increased.
The Following are some factors that may be used to increase a child support obligation (Florida).
- The receiving party loss of income
- The receiving party loss of employment
- The paying party’s income has increased
- Child care expenses have increased
- Medical Insurance has increased
- The paying party is not exercising the timesharing
Pursuant to Florida Statute Section 61.30 (1)(b): “The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.”
If you feel that you may be entitled to an increase in child support or a decrease in your child support obligation. Contact our office for a free consultation 407-704-8932 or visit our website for more details on child support http://www.cardamalaw.com/practice-areas/child-support/