- 11 May
Florida Divorce: Changes in Income and Child Support
Child support orders can shift thousands of dollars from one hand to another. Improper efforts to change or modify child support can bring strong negative consequences. If you desire to raise, lower, or terminate child support, consult with a knowledgeable child support attorney to know what lies ahead.
Can child support be modified?
Under the Florida child support law, child support is always modifiable as long as the change would be at least $50 or 15% – whichever is greater. This includes prior orders for child support under a previous divorce, paternity case, or any support order established by the Florida Dept. of Revenue Child Support Enforcement Office. Child support can never be designated as un-modifiable. Any time a parent establishes the basic requirements for modification, that parent may file a petition for modification of child support.
The most common reasons for modifications are changes in income and loss of job.
Changes in Income
The change in income maybe an increase in income or a decrease in income and may involve either the parent paying child support, or the parent receiving child support. There is no absolute amount the income must change before filing for modification. However, the revised incomes must result in the child support amount changing by at least 15% or $50. For example: if the current child support is $ 1,000 a month, the new calculated support must be either higher than $ 1,150 a month, or lower than $ 850 a month. Once the proper threshold is reached, the person desiring to change the child support can file a Supplemental Petition to Modify Child Support. Supplemental petition is similar to the original case and is not always a quick procedure.
Loss of Job
Another common situation underlying child support modification cases is where one parent or the other loses their job. The job loss may be involuntary, or purposely arranged for the ultimate goal of lowering child support. Even if the job loss is involuntary, that parent may decide not to seek employment until their child support case is concluded. These situations can be complex and involve a bit of detective work. Evidence supporting the claim that any unemployment is voluntary versus involuntary must be presented.
If you believe your former spouse has been deceitful in legal proceedings, you will need to decide if you are willing to give them an opportunity to correct the misstep by requesting a correction of any misleading information. Otherwise, you will need to show evidence that refutes their bogus information. To uncover evidence, an experienced attorney may decide to subpoena their bank statements, tax returns, work pay stubs, or hire a private investigator.
If you have questions about child custody or believe that your former spouse has been deceitful in legal proceedings, our experienced attorneys can help answer your questions. 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.
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