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Yes, child support can always modified in Florida as long as the change will be 15% difference or $50, whichever is greater. This can include prior orders for child support under a previous paternity case, previous divorce or any other support order. Any time a parent establishes the basic requirements for modification, a petition can be filed for modification of child support. With the help of our family law attorney, we can help you to make necessary changes as needed and help you to navigate the applicable laws in these cases.
Reasons for Changes in Child Support
One of the most common reasons for changing support decrees is that a party experiences a change in income. This means that income either increased or decreased for a person responsible for supporting a child. This will result in a change of payment from the party expected to make the payments on an agreed to and regular basis. A good way to determine if the standard is correct is to do a calculation. For instance, if the existing payment is $700 and the new calculated child support payment would change to $595 or up to $805, then you are eligible to file a petition for child support modification in the State of Florida. This will lead to a supplemental petition to modify child support. If the support amount is not changed by either $50 or 15%, whichever is greater, the petition will be dismissed.
A modification can also be made if there has been a change in the pattern of parenting time. This would vary from case to case and would be determined by how many overnights each parent has with the child based on the support decree.
Changes in expenses are another reason for modification. For instance, if daycare expenses or maybe temporary alimony ends, then the needs will change for paying for the care of the child in those cases. Other expenses that may affect child support are taxes and health insurance for the child or the parents.
Schedule a Consultation Today with a Professional Family Law Attorney
At Finnell, McGuinness, Nezami & Andux, PA, we offer legal consultations to those needing our legal expertise especially with child support matters in Clay County. To learn more about what we can do for you and to speak to a family law attorney as soon as possible, call 904-284-2970.