In Florida, a parent may petition a court for modification of an existing court order that requires a non-custodial parent to pay child support to a custodial parent. The non-custodial parent would seek modification of an order any time they experience a “substantial, permanent and involuntary” change in circumstances.”
This is a requirement of Florida law regarding the modification of child support in Florida. This standard would apply if the result a person seeks is to pay a lower child support amount.
Of course, the child support order might be the product of a Florida divorce or legal separation. A court may issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.
It does not matter whether a child support order was issued as a result of calculating child support in a divorce or a paternity suit. The law regarding the modification of child support orders is the same for all child support orders.
The substantial change could be a change in the income of either parent. Or, the substantial change might also consist of a change in the custody arrangements for the child. Florida child support law would allow a court to make a modification if the change in support would amount to at least 15% of the existing amount of child support or $50, whichever is greater.
Or, if it has been more than 3 years since the court order was issued or a change was requested, the amount would have to be at least 10% but not less than $25.
So, if a person wants to lower the amount of child support that they pay, they would have to show some substantial, permanent, and involuntary change in their circumstances that would justify it.
In addition, this change would have to amount to at least 15% or $50, whichever is more, or 10% but not less than $25, depending on the timing of the request.
A person who wishes to lower the amount of child support that they pay might want to consult a local attorney in Florida to analyze their case. The attorney could help them figure out whether they would qualify for a change or not. The standards are quite technical, and an attorney would be able to help a person determine whether or not a modification is possible in their case.
What Factors Can Lower Child Support?
The most common reason for people to request a change in child support is because of changes in their income. The change may be an increase or a decrease and may involve the income of either the custodial or the non-custodial parent.
Of course, a person who wants to lower the amount of support they pay may have experienced a reduction in their income. There is no absolute amount by which a person’s income must change before they request a modification. But whatever the change, the changed income must result in the child support amount changing by at least 15% or $50 or by 10% or at least $25, depending on the timing.
For example, if a person pays $1000 per month in child support when they seek a reduction, the new modified amount would have to be either $850 per month or less. If a person believes that their child support would change by the amount required in Florida law, they should file a Supplemental Petition to Modify Child Support.
A person should be aware that this Supplemental Petition is similar to the original case regarding child support. It would require the court to make a new determination regarding the need for support and the amount. It is not a process that would be resolved quickly.
What Is a “Substantial, Permanent and Involuntary” Change in Circumstances”?
As noted above, this is the standard that Florida courts apply in cases in which the person paying child support seeks to reduce the amount of support they pay. The standard is expressed in clear numerical terms of 15%, $50 or 10%, or $25, depending on the timing of the request. The reduction that would be justified must meet one of these standards. If it does not, the reduction would not be granted.
In addition, the kind of change that would justify a reduction in child support must be substantial, permanent, and involuntary. Generally, to prove a permanent change, a person would have to show that the change has lasted for over 1 year. The fact that a person has lost their job might not be considered permanent because a person may expect to find new employment before too much time has passed if they look for it.
A permanent change would be something such as a person suffering a severe, life-changing injury or illness that would have an impact on the type of work they might do.
What Is the Legal Process for Child Support Modification?
A person may seek help by asking the Child Support Program of the Florida Department of Revenue (CSP) to review their child support order in light of a change in their circumstances. If the support order is not due to end within 6 months of the date when a person requests the review, the CSP reviews the order if asked.
Another option a person has is to hire a Florida family law attorney to represent them in filing a petition to file their Supplemental Petition to Modify Support.
To obtain CSP help with the petition, the existing child support order must not have been changed or reviewed within the past 3 years. If the person who asks for the review is able to show that there has been a large change in their financial circumstances, such as a significant change in their income, then the CPS would review the order and the amount of child support that is required.
First, the parent who has requested the review must provide the CSP with the financial and other information that would justify the request for a change. When this information is received, the CSP contacts the other parent to obtain their information. The CSP then reviews the parents’ information.
The CSP must determine that there is a “substantial, permanent, and involuntary change” in the circumstances of the person who has requested the review. Or the CSP would have to find other good legal grounds to justify changing the order. When the CSP finishes its review, it notifies the parties.
If the review shows the order should be changed, the CSP will begin the process of changing the order. To change a court order, a CSP attorney handles the court action. If the order was issued by an administrative agency, the CSP starts by notifying the parents of the proceeding to change the order. Parents are entitled to a formal hearing in court if a change in a court or administrative order is requested.
If a court issued the support order in a different state, a court in that state may need to review and modify the order. If that is the case, the CPS is able to present the request for modification to a court in the state where it was issued originally.
When Do I Need to Contact a Lawyer?
If your circumstances have changed significantly and you believe that you are entitled to reduce the amount of child support that you currently pay, you want to consult an experienced Florida child support lawyer.
LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and tell you whether you have a chance of modifying the child support you pay. Your lawyer can guide you through the process to success if the change in your life justifies a decrease in your payments.
