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Things to know about modifying a child support order in Florida

On Behalf of | May 16, 2024 | Family Law

Child support orders are not always set in stone. In fact, certain circumstances may bring up the need to modify a child support order. If you are considering the option of updating your child support payments, what are the requirements and how should you proceed?

Eligibility for modification

According to Florida law, a child support modification is possible if there is a substantial change in circumstances. The substantial change could be a significant increase or decrease in the parent’s income, a major shift in the child’s needs or a change in the child’s living arrangements.

Filing a petition

To request a modification, a parent must file a petition with the court. The petition must detail the change in circumstances that warrant the modification. Meanwhile, it is important to continue paying the current child support amount until the court decides on the modification request.

Proving a change in circumstances

Moreover, the parent requesting the modification has the burden of proof to provide evidence of the change in circumstances. They can present financial documents like pay stubs or tax returns. They may also present other relevant documentation regarding their child’s needs, health concerns, education, extracurricular activities and living arrangements.

The role of the court

Subsequently, the court will review the evidence and decide based on the child’s best interests. The court may increase, decrease or maintain the current child support amount. If the court grants the modification, the new child support amount will be retroactive to the date when the parent filed the petition for modification.

Ensuring continued child support

Going through the process of modifying child support can be challenging. With legal guidance, you may better understand the process as you file your petition. Doing so can help secure your financial future while ensuring that your child continues to receive support and care from their parents.