Can You Increase Child Support Payments in Florida?
Life is unpredictable. If you have gotten a divorce or separated from your child’s other parent, you may have a child support order in place. Over time, though, the needs of your child may change and they may need more support. The same order that was issued at the time of separation may no longer be practical today. Fortunately, it is possible to modify a child support order so the amount is increased or decreased. Before modifying a court order, it is important to understand how child support is calculated in Florida, and what you must prove to obtain a modification.
It is important to note that in Florida, modifying an existing child support order requires demonstrating a substantial, material, and involuntary change in circumstances since the original order was established. This ensures that any adjustments align with the current realities of both parents and serve the child’s best interests.
Florida Child Support Guidelines Calculates the Child Support Payment
The family courts in Florida use an ‘Income Shares Model’ when determining child support, and use the Florida Child Support Guidelines to determine that calculation. First, using the Guidelines a calculation is made to determine the amount both parents would have available to spend on the child if they had not separated. The amount is divided between each parent, depending on their incomes. The income of each parent is calculated by subtracting their expenses from their overall income. The parties will use the information found on their Financial Affidavit’s for these calculations.
In most cases, family law judges must order an amount that aligns with the Florida Child Support Guidelines, although they do have some flexibility. Courts can order a child support amount that is five percent above or below the amount dictated by the guidelines, if the circumstances warrant it.
Requirements to Increase or Decrease Child Support
One of the main requirements when modifying child support payments is proving there has been a substantial change in circumstances since the current order was issued. You must prove this whether you want to increase or decrease the amount of child support payments.
A common example of a substantial change in circumstances is that the child’s needs have increased. For example, a child may have incurred unexpected medical expenses, or more support may be needed for the child’s education. Increases in the overall cost-of-living can also result in a need for additional support.
When the income of the person paying child support increases, that can also constitute a substantial change of circumstances that could warrant a modification. This is because the family courts consider it in the child’s best interest to live the best life possible. If a parent can provide more for their child, the courts have determined that they should do so. The courts usually determine that any increase in income of ten percent or more is sufficient for a modification. And Florida law stipulates that to qualify for a modification, the change in circumstances should result in at least a 15% or $50 difference (whichever is greater) between the existing and recalculated support amounts.
On the other hand, if the recipient of child support experiences a significant reduction in income, or job loss, this could also warrant a modification to increase child support by the payor. However, if this was the result of the parent’s intentional actions, the courts will not approve a support modification. It would also have to result in at least a 15% or $50 difference and again the Child Support Guidelines Worksheet would be used to determine the amount of child support to be attributed to each party.
Our Tampa Child Support Modification Attorney Will Help You Through the Process
Increases to child support are possible through a modification, but obtaining court approval may not be easy unless you are prepared by collecting evidence supporting the change, such as pay stubs, tax returns, medical bills, or records of changed custody arrangements. At All Family Law Group, P.A., our Tampa child support modification attorney can guide you through the process so you have the best chance of achieving your goals. Call us today at 813-672-1900 or contact us online to request a free consultation and to learn more about your legal options. Se habla Español.
Source:
flsenate.gov/laws/statutes/2012/61.30
