What are the grounds for child support modification in Florida?

• A substantial change in income for either parent. Parents often have a change of employment with increases or decreases in their income. This can result in a corresponding need to increase or decrease the support amount if the increase or decrease is substantial.
• Note however that if a parent loses their job, or takes a job for less pay, then that change must be involuntary. A parent cannot avoid their obligation to pay child support by voluntarily quitting a job, getting fired for misconduct, or accepting a lower paying job.
• A change in the overnight parenting pattern. If the parties’ timesharing schedule changes and one party is going to have substantially more or less overnights than they had before, this can result in a greater need for financial support for the party who is going to be exercising more timesharing (and thereby incurring more cost for care).
• A change in the child’s needs. If a child’s needs increase due to educational expenses, medical care or other issues, then the support can be increased to ensure the child receives proper care.
• Any other substantial change that would warrant a modification of the support amount.

How do I file for child support modification in Florida?

To file for child support modification in Florida, you will need to file a petition with the court. The petition should state the grounds for modification and the specific changes you are requesting. You will also need to provide evidence to support your claims.

What evidence will I need to provide for my child support modification case?

The evidence you need to provide for your child support modification case will vary depending on the grounds for modification. For example, if you are seeking a modification based on a change in income, you will need to provide documentation of your new income. If you are seeking a modification based on a change in timesharing, you will need to provide documentation of the new parenting plan (which may also require a petition to modify the parenting plan.

What happens after I file my petition for child support modification?

After you file your petition for child support modification, a series of steps will need to occur. First, you must serve the other parent with your petition. Second, both parties must complete the financial disclosure requirements found in Florida Family Law Rule of Procedure 12.285. Once that is complete, the parties are almost always required to attend mediation. Finally, if the case does not settle at mediation, your attorney will schedule a hearing with the court.