Child Support Modification Lawyer Melbourne, FL
When financial situations or children’s needs change after a divorce or when child support orders are finalized, the original order typically no longer accurately reflects the family’s finances. Florida law allows child support modification when there’s a material or substantial change in circumstances. When things change, a child support modification lawyer in Melbourne, FL, can help you adjust the financial support obligation to meet your current needs.
To schedule a consultation with a Melbourne child support modification attorney, call 321-725-3425 or use the contact form.
Child Support Modification – Florida Laws
Child support modification in Florida is governed by § 61.14 and § 61.30. Family law courts don’t automatically adjust child support payments when things change. One party must file a supplemental petition to formally request a new child support order. They must prove there’s a permanent and substantial change in circumstances when the existing order no longer meets the child’s needs.
For legal assistance, contact a Melbourne child support modification lawyer to discuss your case.
When to Modify Child Support Orders
Family law judges allow you to modify child support orders in Florida when there’s a substantial change in circumstances that is significant, material, involuntary, and permanent. Under Florida law, a substantial change in circumstances to substantiate an upward or downward modification means there’s at least a 15% or $50 per month difference in child support payments, not the custodial parent’s or noncustodial parent’s income.
What Cannot Be Changed When Modifying a Child Support Agreement?
- You can’t modify child support orders retroactively past the date the petition was filed with the Brevard County Clerk of Court.
- The ordered party must pay child support that was previously accrued. In Florida, this is the vested right of the child.
- Any private agreements to accept less than the child support ordered amount are not enforceable in Florida.
Substantial Changes in Circumstances Justifying Child Support Modifications in Brevard County
Judges evaluate whether there’s a substantial change in circumstances and whether the specific facts of the case constitute a change in financial support obligations.
Reasons to Increase Child Support
Parents may seek to increase child support payments when:
- The noncustodial parent’s income has increased considerably through new employment or raises
- A child develops new medical, educational, or other needs
- Childcare or health insurance costs jump
- The receiving party has significantly more overnights
In addition, if a child support order was set lower than normal for a specific but valid reason, the court can increase it when the reason no longer applies.
Reasons to Decrease Child Support
The person paying child support can seek to decrease child support amounts when:
- Job loss, layoffs, health changes like permanent disability or illness, or other significant drop in income occur
- Noncustodial parents have substantially more overnights
- Other substantial changes in circumstances occur that leave the paying party unable to provide financial support at the prior level
It’s crucial to understand that voluntarily quitting a job, intentionally working less, or accepting lower-paying employment will generally not lower child support orders. Courts routinely impute income to those who attempt to weaponize employment to avoid paying child support.
Additionally, once the child reaches the age of majority (age 18 years old or until they graduate), the obligation stops.
How Florida Calculated Modified Child Support Payments
Florida uses the income shares model. This combines the net incomes of the custodial and noncustodial parents to determine the total need.
- Courts make adjustments to the parenting plan for health insurance, childcare costs, and the number of overnight visits.
- Any deviation from the Florida child support guideline requires evidence that the deviation is in the child’s best interest.
What happens if the custodial parent makes more money in Florida?
Support orders are based on both parties’ incomes and overnights. If the custodial parent makes more money, it reduces the amount the other parent pays. In some cases, it can result in the custodial parent even paying if time-sharing is close to 50/50.
To learn more, call a child support attorney in Melbourne, FL, from our legal team.
How To Modify Child Support in Brevard County, Florida
A Melbourne family law modification attorney can assist with the following:
Child Support Modification Form – Florida Filing Process at the Moore Justice Center in Viera
The requesting parent files a Supplemental Petition for Modification of Child Support with the Brevard County Clerk of Court. They must also include a current Florida Family Law Financial Affidavit, disclosing income, expenses, assets, and liabilities.
The other parent must be formally served. They have 20 days to file a written response.
Mediation Requirements Before a Contested Child Support Modification Hearing in Brevard County
Before a contested child support modification hearing, Brevard County courts typically require mediation.
- If parties reach an agreement, the terms are drafted into a consent order and submitted to the judge for approval.
- If mediation fails, the case proceeds to a hearing where each party presents financial records, testimony, and evidence.
Enforcement Actions When the Other Parent Fails to Pay Child Support
If the other parent fails to pay child support for an existing order, there are several tools for child support enforcement in Brevard County.
Under Florida family law, courts can take the following actions:
- hold the person in contempt
- suspend the driver’s license or professional license
- intercept tax refunds
- garnish wages
- place liens on property.
In more serious cases, if the parent fails to pay child support, this can result in criminal prosecution. Financial support, modifications, and enforcement actions can sometimes run concurrently. For example, parents may seek to increase future child support payments while simultaneously collecting on past due amounts.
Our child support modification lawyers in Melbourne, FL, can help with both legal processes.
Upward vs. Downward Child Support Modifications in Florida
- Upward modification: the noncustodial parent’s income has increased significantly since the original order, or the child’s expenses have increased dramatically
- Downward modification: the noncustodial parent or paying party suffered a legitimate, involuntary reduction in pay or employment, or when the noncustodial parent has more overnight visits.
Filing the Motion to Modify Child Support and Fighting Child Support Increases in Brevard County Courts
Whether you’re the person needing help financially or the person defending against modifying an existing order, finding a skilled child support modification attorney in Brevard County is crucial. The party initiating the petition must present clear evidence that the guidelines produce a significantly different number.
The person disputing that there’s a substantial change in circumstances has the right to challenge financial disclosures, question whether the change is truly involuntary, and argue that the current order should remain in place.
Having an experienced child support modification lawyer to review the numbers can prevent costly mistakes and set realistic expectations.
Brevard County Child Support Modification FAQs
How to Win a Child Support Modification Case?
Parties can take steps to increase their chances of a successful outcome, such as obtaining copies of tax returns, pay stubs, profit-and-loss statements, and proof of the child’s expenses. Petitioners must show courts exactly how the guideline calculation changed (in some cases due to inflation). Judges expect hard numbers, not general claims about financial hardships.
Does Child Support Increase if Salary Increases?
It can, but only if the other parent files a petition and demonstrates that the higher income results in at least a 15% or $ 50-per-month change in the guideline amount.
How Long Does a Child Support Modification Take?
When both parents agree, child support modifications can be resolved in a matter of weeks. Contested cases last several months, depending on the financial issues involved.
Does Child Support Change If You Get Married?
Remarriage alone does not change a child support obligation. However, a new spouse’s contributions can indirectly affect the calculation. Additionally, the birth of additional children may be considered by the court in limited circumstances.
Why Did My Child Support Increase Without Notice?
Before any family law modification occurs, Florida law requires legal notice and service. If your payments increased through an income deduction order or administrative review by the Florida Department of Revenue, you have the right to contest the change and request a hearing.
How to Terminate Child Support Arrears in Florida?
Florida courts generally don’t forgive or reduce past-due arrears, which are considered a vested right belonging to the child. However, if both parents agree, they may be able to negotiate a settlement of arrears in limited situations, subject to the court granting approval.
Contact a Child Support Modification Attorney in Melbourne, FL
If an existing order no longer reflects your situation or your child’s needs, a Melbourne child support modification lawyer can help you take action. Our attorneys can evaluate your circumstances, determine whether you qualify for a modification, and guide you through the legal process.
Our Melbourne family law lawyers help parents pursue fair, accurate support orders that align with Florida law and real-life changes. Contact our office to schedule a consultation. Call 321-725-3425 or use the contact form.