Florida family court recognizes that circumstances can change, and people sometimes need to modify a child support order.
Either parent may request a modification, but they must present evidence that the change is necessary, and there are specific situations in which the court will modify a previous support order.
Changes in parenting time
The court uses the parenting plan to inform a child support order. Therefore, when changes in the parenting pattern happen, the court has the authorization to recalculate child support to better accommodate the real parenting pattern.
Changes in income
Either the parent paying or receiving child support payments may request a modification if the paying parent has a change in income. The court will only accept petitions where the revised income changes the child support payments by at least 15% or $50.
This is the most common reason that people seek modification. For example, the parent receiving child support may request an update if the paying parent gets a promotion or significant pay raise. The paying parent may also seek to modify support if they lose their job or receive a demotion.
Changes in expenses
Only certain changes in expenses are acceptable in a modification case. For example, increases in daycare costs, defined alimony terms, payroll taxes and health insurance premiums for parent or child may constitute a support modification. Another valid expense is the addition of child support for other children.
The court considers every petition on a case-by-case basis, determining what is in the child’s best interest and putting that first.