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How to Modify a Child Support Agreement

Posted on September 4, 2020

In Florida, child support agreements are granted and modified through Family Court, a division of Circuit Court that handles domestic cases including divorce, child custody and time-sharing, child support, alimony, adoptions, and domestic violence in Florida.

Child Support Payments

Generally, child support payments are determined by a calculation using both parents’ income, the number of children, health insurance costs, day care expenses, and other relevant costs.  Child support agreements can be modified only if there is a permanent, significant change –15% difference or $50 per month, whichever is greater– in one or more of the following[1]:

 

  • Change in income of one or both parents
  • Change in childcare expenses
  • Change in child health care costs
  • New financial needs of child
  • Change in time child spends with one or both parents
  • Medical disability affecting earning power of either parent
  • Child is emancipated

 

Filing a Petition to Modify Child Support

Since the process will be effective on the date of filing and will not be paid in arrears. the parent seeking the modification should begin the process as soon as he or she has evidence of the significant change.  These are the steps that the parent will need to take:

  1. First, define a category for the change (e.g., a change in income of one parent) and decide if the change will be significant and permanent.
  2. Second, carefully review and fill out the “Petition to Modify Child Support” from Family Court.
  3. Third, prepare any support documentation including pay stubs, tax returns, or other relevant data and submit the ““Petition to Modify Child Support” along with copies of the support documents.
  4. Fourth, the courts will serve the other parent and set a date for the hearing.
  5. At the hearing, the judge will hear the modification proposal and determine if it will be approved or not. The court considers what is in the best interest of the child.

 

If you are ready to start the process of child support agreement modification, divorce, child custody or time-sharing, alimony, or adoption, our experienced attorneys can guide you through the key questions to help you determine how to proceed.  Our compassionate attorneys provide private complementary consultations.  For more information, contact us at Troy Legal, (888) 879-7578.

 

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

 

[1] The 2019 Florida Statutes,  Title VI; CIVIL PRACTICE AND PROCEDURE Chapter 61 DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING, 61.30 Child support guidelines; retroactive child support. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html

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