Child Support Modification Mediations in Tampa Bay, Florida

Modifying Child Support Under Florida Law: A Comprehensive Guide

By Attorney/Mediator Beth Reineke

At Reineke Mediations, our Florida family law attorney and mediator, Beth Reineke, knows child support matters are ever-evolving, making modification requests complex. Life circumstances change, and what may have been suitable at the time of a divorce or separation might not align with the present reality. In Florida, modifying child support orders is possible, by agreement or court order.

However, if you can’t reach an agreement, the process involves specific legal requirements that must be navigated carefully. In this guide, we’ll explore the key aspects of modifying child support under Florida law.

What are the Grounds for Child Support Modification in Florida?

Before seeking a modification, it’s essential to understand the valid reasons recognized by Florida law for altering child support orders. Generally, unless otherwise agreed by the parties, the parent seeking to change (or modify) a support order has the burden to prove a change in circumstances.

In most cases, before an order can be changed, a parent’s change in circumstances must be Substantial, Permanent, and Involuntary.

• If it has been less than three years since the support order was issued, reviewed or changed, a substantial change means that the change in circumstances would cause a change in the order amount that is at least 15% but not less than $50. If it has been more than three years since the support order was issued, reviewed, or changed, a change in circumstances means the change would cause a change in the order amount of at least 10% but not less than $25.
• A permanent change in circumstances depends on the specific facts of the case. In most cases, to prove a permanent change, one must show the change has lasted for more than one year.
  

  Temporary or short-term changes are not enough to prove a lasting, permanent change.

  • For example, a loss of employment is not a permanent change if the parent expects to find new employment. In some cases, a parent may be able to prove a permanent change right away; for example, a severe, life-changing injury or debilitating illness, or retirement at the normal retirement age.
• An involuntary change, comes about through no fault of the parent, like an extended illness or employment layoff with no expectation of becoming re-employed within a reasonable time at historic earning levels.
  

  A voluntary change is a result of the parent’s own choices. A voluntary change does not meet the standard for a support order to be changed.

  • Examples of voluntary changes include quitting a job, being terminated for reasons within the parent’s control, taking a lower paying job, or engaging in criminal conduct that results in incarceration.

Florida child support orders may also be modified due to:

• Change in Income: A substantial change in either parent’s income can impact child support calculations.
• Child’s Needs: If the child’s needs have significantly changed, such as increased medical expenses or educational requirements, a modification might be warranted.
• Parenting Time Changes: Adjustments to the parenting time arrangement may lead to adjustments in child support, as the financial responsibilities of each parent could change.

What is the Legal Process for Florida Child Support Modification?

In Florida, if the parties cannot reach an agreement at mediation, the legal process of modifying child support typically involves the following steps:

1. Petition for Modification: The party seeking the modification must file a petition with the court that issued the original order. This document outlines the reasons for the requested modification and provides evidence to support the claim of a substantial change in circumstances. Note: The petitioner must attach a new financial affidavit to their petition, or the petition may be dismissed by the court.
2. Service of Process: The petition must be officially served on the other party, who then has the opportunity to respond and present their perspective on the proposed modification.
3. Financial Disclosure: Both parties are required to provide updated financial information, including new financial affidavits and documents showing their income, expenses, and current assets and liabilities. This information is essential for the court to make an informed decision.
4. Mediation: In many cases, mediation is required before the court will hear the modification case. As a Supreme Court Certified Florida divorce mediator, I highly recommend pursuing mediation prior to filing a petition to modify to see if an agreement can be reached, thereby saving both time and costs.
5. Court Hearing: If an agreement is not reached through mediation, the case will proceed to a court hearing. Each party presents their case, and the court evaluates the evidence and arguments to determine whether a modification is warranted, and then the court makes a decision and enters a new order outlining whether there will be changes to child support and an award of attorney’s fees and costs.

The Importance of Mediation When Pursuing Child Support Modification in Florida

Given my experience as both a family law attorney and a certified divorce mediator, I emphasize the value of pre-suit mediation in the modification process. Pre-suit mediation offers a cooperative and efficient way to reach an agreement without the stress and expense of litigation. It allows both parties to communicate openly, explore creative solutions, and tailor the outcome to their unique circumstances.

Especially in modification cases, where the parties often have a shared history and ongoing relationships, pre-suit mediation can foster a positive environment for productive discussions. This is particularly crucial when it comes to matters involving children, as maintaining amicable relationships between parents is essential for the well-being of the children.

Remember, if pre-suit mediation does not work for some reason, you always have the option to pursue your legal rights in court by following the legal procedures setout above.

Contact the Experienced Child Support Modification Mediator at Reineke Mediations for Help

As an Attorney and Mediator with over 30 years of experience in family law, I understand the complexities and sensitivities that surround issues of child support modification. Whether you’re seeking a modification or responding to one, it’s crucial to work with a knowledgeable mediator who can guide you through the process and help you achieve a resolution that aligns with your current circumstances.

Whether through virtual or in-person mediations, my goal is to assist you in finding the best possible outcome while minimizing the emotional and financial strains that often accompany these types of legal matters. Contact Reineke Mediations Florida child support mediation office today to learn more about your settling your legal matter outside of the courtroom.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. Consult with a qualified family law attorney for advice tailored to your specific situation.