In Florida, in order for a child support modification to be
approved by the court, a significant change in circumstance must have taken
place. Yet, many parents are unaware of what constitutes a “significant”
change. If you are receiving child support or are paying child support and
would like to make a child support modification, it is often a good idea to
speak to a family law attorney in Fort Lauderdale, Florida like Kemi King with Kinglindsey, P.A. Law Offices who can assist you
in building the strongest possible case.
So, when
can child support awards be changed? Here are some important life events that
may constitute significant changes under Florida law.
1.
Job loss.
If either parent loses a job, a child support modification may be required.
According to the Florida
Department of Revenue, the loss of income or an increase in income may
qualify you for a child support modification hearing. The courts will review
you and the other parent’s income and consult with child support guidelines
based on the revised amounts.
2.
Increase
in income. If you or the other parent gets a significant raise or receives
a new job where his or her income is higher, a child support modification may
be required. Under Florida law, parents are required to provide their children
with a standard of living in line with their income. If you or the other parent
earns more money, your children deserve to benefit from this improvement in
circumstance.
3.
Changes
in children’s expenses. Childcare expenses change as children grow. For
instance, a younger child may require regular daycare, while an older child may
need money to pay for health care needs. If your child’s needs substantially
change, a child support modification can ensure that your child’s needs are
met.
4.
Changes
in circumstances must not be voluntary. According to the Florida
Child Support Calculator, parents cannot seek a child support modification
if they voluntarily quit a job, or change jobs. The changes in circumstances
must be involuntary in order to qualify. For instance, childhood expense
increases such as new health care costs may qualify, while one parent’s
decision to enroll the child in optional violin lessons may or may not qualify
depending on the circumstances of the case.
5.
Increases
must be 15% or $50 for a child support modification to be heard by a court.
Small changes in needs or income won’t get you a hearing. However, if the
changes are within the 15% or $50 range, your case may be considered.
Modifying child support is not
always easy. The courts tend to favor agreements that have already been made
unless a strong case is made to change those agreements. If you believe you
have a good reason to change your child support payments, it is a good idea to
hire a family law attorney to help you build the strongest case possible for
the judge. A child support modification law firm like http://kinglindsey.com can review all circumstances and
keep you informed about your rights.
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