When can a child support order be modified?

Life is rarely static. Economies change. You may lose a job. Health scares happen. You or your child may become disabled. If you are currently paying child support in Florida, there may come a time where you believe the current child support order is no longer feasible and it should be modified. Is this possible?

Requesting a child support modification

If your current child support order will not end within six months from your request, your current child support order has not been modified or reviewed within the previous three years and you can show that a substantial, permanent and involuntary change has occurred in your life, you can seek a child support modification. You can either seek a review from the Child Support Program or you can petition the court for a child support modification.

What is a substantial, permanent and involuntary change?

If it has been more than three years since your current child support order was issued, reviewed or modified, you can demonstrate there has been a substantial change in circumstances by showing the change would cause the amount paid to change at least 10%, but not less than $25.

If it has been less than three years since your current child support order was issued, reviewed or modified, you can demonstrate there has been a substantial change in circumstances by showing the change would cause the amount paid to change at least 15%, but not less than $50.

Whether a change is permanent depends on the facts of your case, but generally must be a change that will span six months or more. An involuntary change is one that comes about through no fault of the paying parent. For example, while a involuntary layoff may be no fault of the paying parent, if the parent’s own choices lead to the change such as quitting a job, this is a voluntary change and will not suffice to modify the order.

Seek assistance with your child support modification

It is important to keep in mind that until your child support modification is approved, you must keep paying what you currently owe. This post does not offer legal advice. Those in Daytona Beach who want to learn more about modifying child support orders can seek the assistance of a family law attorney for further information.

Scroll Up