Divorce in Florida - Child Support Modification

The recession in Florida has affected many people's income. If you are paying child support in Florida you may be considering asking for an adjustment due to your financial situation. Florida divorce law allows for a modification of child support for what they call a substantial change of circumstances. In general you must prove that the income has changed enough to alter your child support payments by at least 15% or $50 per month whichever is greater. A quick way to estimate how much your child support would be with your current income is with a simple Florida child support calculator. There are many available online. A more difficult but accurate method is to complete the Florida Child Support Guidelines Worksheet. This form is available for free online. This worksheet is what Florida divorce courts use to set your child support payments.

Be aware that child support payments will be modified based on the new income of both parents. If the parent who is receiving child support payments has a significant increase or decrease in income that can be grounds for modifying the payments under Florida divorce law. Also if there are significant changes in health insurance and child care costs it may warrant modification of support.

Under Florida divorce law a modification of child support can be temporary or permanent. Temporary adjustments may be granted for:

• Medical emergencies of children
• Temporary inability to pay because of injury, illness or involuntary job loss
• Temporary financial or medical reasons on the part of the receiver of payments

If child support is modified on a temporary basis the judge will state the time period in the child support order. Permanent adjustments to child support can be granted in Florida divorce for:

• Additional income by either party from remarriage
• Changes to Florida divorce law regarding child support
• Job change of either parent
• Cost of living increases by receiver of child support payments
• Partial or total disability of either parent
• If the financial needs of the child change
• When one child of several is no longer eligible for support

Permanent modifications to child support remain in effect until the child reaches adulthood or is modified through Florida divorce procedures at a later date.

Florida divorce law also states that a change in income must be long term in nature. A one time bonus, capital gain, monetary judgment, award or prize is not considered a long term change.

Once you decide if you may qualify for an adjustment in child support payments you will need to file with the court where the child support order was made. There are three main forms you will need to start the process.

• Supplemental Petition for Child Support Modification
• Florida Family Law Financial Affidavit
• Florida Child Support Guidelines Worksheet

All of these forms are available for free from the State of Florida online or at your local circuit court clerk’s office. It may be best to visit your local clerk of court as most will provide you with instructions on Florida divorce procedures for modification of child support. Some forms and procedures are local in nature and should be followed.

The big question at this point is whether to try to represent yourself in this matter or hire a lawyer. If you have a lot of patience and persistence you may be able to handle this process yourself and save yourself a lot of money. In many counties the court system can take well over six months to get your case heard. Attorneys do not work cheaply. Depending on your case a lawyer will likely want a minimum fee of $2,500 and may cost you well over $5,000. This may not make sense if you are trying to modify your monthly child support payments by $100 or $200. The best course of action is to attempt to set up a free consultation with a lawyer and see what your options are. Find one that specializes in Florida divorce law and ask him about the cost and the entire procedure in your county including an estimated time to complete the process. He should also be able to advise you on how strong you case is.

If you decide to represent yourself there is a huge amount of information and help online and through your local clerk of circuit court. Florida divorce procedures are complicated, frustrating and inefficient. You will need a great deal of patience and persistence to be successful but it is possible.