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Considerations before filing a child support modification

On Behalf of | May 15, 2021 | Blog, Child Support |

The divorce process has its complexities, but having children complicates things further. No matter when the courts finalize the divorce, it is reasonable to assume that you or your ex-spouse has child support payments to make to the other.

Once the courts decide on an amount, you must abide by the parenting plan and continue to make the monthly payments or be in contempt of the court order. A modification appeal may be your answer.

Reasons for a modification order

As Florida statute states, it takes substantial, material and unanticipated changes in your circumstance for the courts to consider a modification of any of the divorce agreements.

This may include a loss of employment or a medical emergency that permanently impacts your life. It might also be a positive change. A big promotion or job relocation that puts you closer to your children may open up the possibility of changing the parenting schedule.

An important aspect of this is the unanticipated part. If the change was a reasonable consideration during the divorce proceedings, the courts likely factored that in already.

Filing a modification order

The courts highlight the best interests of the child when considering a modification order. That process takes time. If you are not sure whether your situation constitutes a substantial, material and unanticipated change, there are ways to find that out. If you believe your changes merit a modification, do not wait to file.

Filing the proper documents in an organized fashion is a technical process that may be very confusing. If filed incorrectly, you might receive a denial from the courts and have to start all over. Be sure to avoid that by having a comprehensive look at what you need to file as well as all the documents you need.

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