Fleming Island Child Support Modification Lawyers

What is a Child Support Modification?

A child support order is a court-issued mandate for one parent to provide the other parent (usually after a divorce) with financial support that is meant to directly benefit the child or children they share. A child support modification is a court-approved update to any pre-existing child support order. Florida family law courts take the welfare of children of divorce seriously, so compelling evidence and arguments must be presented that convince the court that a child support modification is necessary. Also, as it is with initial court orders that impact a child’s well-being, a child support modification can only be approved if the final result still reflects or upholds the child’s best interests.

When Can I Request a Modification of Child Support?

A child support modification should only be requested if you have experienced a “substantial change in circumstances” that impacts your financial stability or income. You may also request a modification by using a “petition for modification of child support” if you know that the other spouse has experienced a significant change in their financial circumstances instead. Essentially, if the current child support order has become untenable due to a significant change, you can request a modification of child support. 

What Qualifies as a “Significant, Lasting & Unanticipated Change?”

In some cases, the court will only approve a child support modification petition if a “significant, lasting, and unanticipated change” has occurred, such as:

• Paying parent’s income has decreased or increased
• Paying parent’s income has stopped altogether (job loss)
• Receiving parent’s income has increased or decreased
• Receiving parent has remarried
• Children’s expenses have increased or decreased

No matter if the cause you want to list as a reason for a child support modification petition is common or rare, it is important to remember that it should involve a “significant, lasting, and/or unanticipated” situation. For example, someone who is suddenly laid off after working for an employer for years could say their financial situation changed in a significant and unanticipated way, so a child support modification might be possible. On the other hand, if someone was warned for months that they would be laid off during company downsizing but did nothing to budget for that anticipated financial loss, the court might be less convinced that the child support order should be modified, at least not right away.

Retroactive Child Support Adjustments in Florida

Child support modifications are typically not retroactive in Florida, which means you cannot demand payments that date back to when you first needed the modification. Instead, you can only expect payments that date to when your attorney first filed the petition for modification of child support. In other words, the day you think you need a child support modification should be the same day you talk to our attorneys, so we can start to prepare your case quickly.

In cases involving a violation of court-ordered child custody or visitation schedules, retroactive child support payments might be possible. Let us know if you want a child support modification in relation to the child custody order that your spouse has violated, so we can factor this important detail into your case.

Legal Process of Child Support Modification

Modifying a child support order is a lengthy process in Florida. As mentioned, the courts don’t like to “go back” on their word, so they don’t make it exactly easy to modify child support orders. If you hire our legal team to represent and guide you, though, every part of this process can be handled by our highly experienced attorneys.

The usual steps needed to request a child support modification in Florida are:

1. Determine if you are eligible to file a petition after experiencing a significant life change that impacts your finances.
2. Complete and file a “Supplemental Petition to Modify Child Support” form with the proper court.
3. Serve a copy of the filed petition to the other parent through official methods like a process server.
4. Disclose the entirety of your financial situation to the court, including income, assets, and debts.
5. Enter mediation to reach an agreement with the other spouse to modify the order.
6. Attend a court hearing for a final ruling if no agreement is made or if the court thinks the agreement will be a detriment to the child’s best interests.

Arrange a Free Case Review with Our Firm Today

Child support is serious, and so is modifying a child support order. Take the situation seriously by coming to Owenby Law, P.A. in Fleming Island for legal counsel. We’re here to be your guides from start to finish, so you never feel confused or blindsided by anything during the child support modification process.

Get started the easy way – call (904) 770-3141 and request a FREE case evaluation.