As an Orlando child support lawyer, many clients have told us the changing economy and inflation have adversely impacted their employment. Ask yourself; is your salary lower than it was before? Have your hours been reduced, and/or your overtime opportunities are no longer available? Are you unable to afford your current child support obligation because of a substantial change in circumstances in your employment that is involuntary? You may consider petitioning the family law court or the Department of Revenue for a child support modification Orlando. A modification of child support in Florida may be granted by a child support hearing officer, or the family law circuit court judge, if certain statutory requirements are met based on the evidence presented to the court. This may involve the waiver of arrears or ongoing child support. Jonathan Jacobs is a child support attorney in Orlando and all of Central Florida. Call us for a consultation about your family law, Department of Revenue or DOAH child support case by dialing 407-335-8113.
Modification of Child Support in Florida
Florida Statute 61.30(1)(b) gives us a general blueprint for when a child support modification Orlando may be granted. The statutory language is as follows: “The [child support] guidelines may provide the basis for proving a substantial change in circumstances [a substantial change in circumstances can mean any number of changes at your workplace] upon which a modification of an existing order may be granted [remember that a modification of child support can only occur if there is already an existing order whereby you must pay child support]. [Now we get to the numerical statutory requirements] However, the difference between the existing monthly obligation [ordered by the Department of Revenue or the family law court] and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.” With this statutory provision, it is often not as high a burden to obtain a modification of child support in Florida as it is to modify a parenting plan. When is the appropriate time to call an Orlando child support lawyer for help? Consider the following scenario below.
You have filed a supplemental [after your original case has reached a final judgment] petition for modification of timesharing, parental responsibility, and child support. If you are the petitioning party and the outcome of your case allows for you to spend more overnights with your children, you may also be entitled to a reduction in your child support payments [this presupposes your income is not higher and the other parent’s income is not lower]. One of the largest factors in deciding the appropriate amount of child support owed by the payor to the payee [recipient] is the number of overnights each parent spends with their children pursuant to a court order. A modification of child support in Florida is a serious legal matter that requires financial disclosures and careful analysis.
Substantial Change in Circumstances
As previously introduced, the standard that underpins a child support modification Orlando is whether there has been a substantial change in circumstances that impacts your employment and/or financial status. Examples of substantial changes in circumstances are when your hours are reduced at work and your salary is lowered through no fault of your own. Other examples include when daycare stops because the minor child has started elementary school and the large expense associated with daycare ends. This may cause a modification of child support in Florida and lower the payor’s monthly support obligation. Another circumstance that impacts child support calculations is when one parent pays for the children’s health insurance and/or his/her own health insurance payments are increased. Prices for many health insurance services fluctuate on a regular basis and it could impact the support obligation.