An order to pay child support can be changed (or modified) by the court or administrative agency that issued the order if the circumstances of either parent change after the order is issued. Until an order is changed, terminated, or vacated, the amount ordered is owed and legally enforceable. Since children grow up and situations change, it may become necessary to modify an original order. If you have a need to modify a child order, take some time to explore some of the parameters the state has in place to do so.
What Is A Change In Circumstances?
The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances. In most cases, before an order can be changed, a parent’s change in circumstances must be substantial, permanent, and involuntary. A substantial change means that the change in circumstances would cause a change in the order amount. A permanent change in circumstances depends on the specific facts of the case. In most cases, to prove a permanent change, one must show the change has lasted for six months or more. Temporary or short-term changes are not enough to prove a lasting, permanent change. For example, a loss of employment is not a permanent change if you expect to find new employment. In some cases, a parent may be able to prove a permanent change right away; for example, a severe, life-changing injury, illness, or retirement at the normal retirement age.
Income Change
This is the most common reason a parent seeks a modification of an order. It can be either a decrease in income or an increase in income. No absolute amount of income must change before petitioning for a modification. Whatever the change, the revised income must result in the child support amount changing by at least 15% or $50 (whichever is greater).
What Is A Petition To Modify Child Time-Sharing?
If this is the case, you can file a petition to modify the time-sharing order. You’ll have to provide proper notice to the other parent and present evidence in court that demonstrates the violations are a substantial change of circumstances affecting the welfare of the child. This could also change the number of days a parent has the children and may affect the support order also.
How Do You Respond To A Petition To Modify Child Support In Florida?
In order to answer a Florida child support modification summons, Florida forms would be most appropriate. You should speak to an attorney in your state to see what your legal options are. A child support modification summons requires that you answer within 20 days.
Expense Changes
Certain changes in child-related expenses could justify changes in child support. The types of expenses that can justify a change in child support are very specific and limited. Child support covers a child’s basic need for food, shelter, and clothing. It also covers things like daycare, education, sports, activities, travel, and fun. Each child support order in Florida must have a provision for the child’s health insurance too. The court will make sure a parent provides health insurance. Parents can seek modification due to a significant shift in expenses of items that were included in the original support order.
Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the original order was issued.
Akilah Harris Can Help You With Support Orders
While a loving and stable environment is essential for the growth and development of a child, financial support also plays a vital role. Parents must provide financially for children regardless of the relationship status of the parents.
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Contact (954-451-0050) Akilah Harris, PLLC for a Consultation!
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