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Since 1997 we are Tampa attorneys practicing exclusively in Divorce, Family, Adoption, Bankruptcy & Mediation Services: practicing in Tampa, Riverview, Brandon, Valrico, Lithia and all of Hillsborough County as well as for bankruptcy in all counties in the Tampa Division of the Middle District of Florda: Hillsborough, Pinellas, Manatee, Sarasota, Hardee, Hernando, Polk, and Pasco Counties. Our lawyers have experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions, and name changes. We offer a free consultation and we are happy to discuss your case. Call or email to schedule a consult. Our representation of our clients reflects our dedication to them.

Wednesday, October 10, 2012

Modification of Child Support in Florida

If you are paying or receiving child support, then it is important for you to know that if you or the other parent has a substantial change in circumstances, you must file a Supplemental Petition for Modification of Child Support immediately upon the change. This applies to those who are residing in and out of Florida and have a Final Judgment or subsequent Order in Florida to pay child support. The reason for this is because any change in the payment will be retroactive to the date filed. So your child support will continue as it is currently ordered until the date a Supplemental Petition is filed regardless of the change in circumstances. You will, however, have to continue to pay the prior court ordered child support until an order has been entered modifying it, if any. The modified order will take into consideration that you have paid more or received less than the change of circumstances would warrant under the guidelines from the date the Supplemental Petition was filed to the date the order is entered.

In general, factors for modification of child support if you are the payee are as follows:

1. Your income has decreased or you have lost your job since the original order was entered. The decrease in pay or loss of job must be involuntary, so voluntarily reducing your income and changing jobs would not qualify. The Florida Child Support Guidelines in the Florida Statutes, Section 61.30 (1)(b), states that"... it 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.”

2. The other parent's income has increased substantially so that a change in the guidelines would be at least $50 or 15 percent of the current guidelines amount. The reason for this is because each parent owes a percentage of the total child support obligation depending on his or her income. If the other parent's income goes up, then his or her percentage of the obligation goes up and yours goes down.

3. The cost of the children's health insurance was included in the child support guidelines worksheet originally and the health insurance is no longer available.

4. The cost of daycare was included in the child support guidelines worksheet originally and the child is no longer in daycare. For this reason, we normally advise that daycare be separate from the child support guidelines if agreed upon by the parents, so that a modification is not necessary.

In general, factors for modification of child support if you are the payor are as follows:

1. Your income has decreased substantially or you have lost your job and the change in the child support obligation is sufficient to warrant a modification.

2. If the other parent's income has increased substantially and sufficiently to change the child support obligation pursuant to the statute.

Go to the following link for more information if you are paying through or your income is being deducted by the Florida Department of Revenue:

http://dor.myflorida.com/dor/childsupport/modification.html

www.familymaritallaw.com

Article By:  Lynette Silon-Laguna Google+

4 comments:

  1. Hello there! This is a good read. I will be looking forward to visit your page again and for your other posts as well. Thank you for sharing your thoughts about child support attorney in your area. I am glad to stop by your site and know more about child support attorney. Keep it up!
    While child support and contact are separate issues, in some jurisdictions, the latter may influence the former. In the United Kingdom, for example, the amount of support ordered may be reduced based on the number of nights per week the child regularly spends at the non-custodial parent's home.
    Our attorneys represent Long Islanders like you in the Suffolk County, NY court system on all matters pertaining to orders of protection.

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  2. Certainly one of the most emotionally charged aspects of your divorce concerns your child or children. Tragically, children all too often get caught in the cross-fire of divorcing parents, when what should be ultimately important to everyone concerned is the welfare of the child.
    Child Support Attorney Long Island, NY

    ReplyDelete
  3. So true! Thanks for your comment. Lynetter

    ReplyDelete
  4. Hi There,
    This article is very informative and explained very well about child support modification. Child support modification is very important issue for parents and children's future.

    ReplyDelete