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Child Support Modification Attorney in Palm City

There are many reasons a parent might decide they want to request a modification for child support. For instance, a change in parenting time or financial circumstances are valid reasons to request a child support modification. Michael Todd Rebuck, PA has a focus on requesting child support modifications in Palm City, FL. Our team can assess your situation and determine if you have good grounds to request a modification for child support, and what your chances are of getting one approved. We can also work with your former spouse or their opposing counsel to reach a stipulation. Call us today to schedule a free consultation with our child support modification attorney.

 Reasons for Requesting Child Support Modification in Florida

While you are legally required to comply with a child support order, you are also legally required to request a child support modification under certain circumstances. You may wish to request that child support be reduced due to:

  • Unemployment
  • A long-term disability, injury, or illness
  • A business failure
  • An extreme change in financial circumstances
  • A significant increase in parenting time

You might want to request an increase in the amount of child support paid due to:

  • A child’s illness, chronic medical condition, or disability
  • The recipient parent’s change in financial circumstances
  • The recipient parent’s long-term disability, injury, or illness
  • The recipient parent’s long-term unemployment
  • A child’s changing financial needs, such as extra money needed for sports, a musical talent, or another skill or hobby
  • A significant decrease in parenting time
A child sits in the foreground during a family discussion in Treasure Coast, FL

 Do I Need a Child Support Modification Attorney?

You can file a petition for child support modification yourself; however, it is in your best interests to work with an experienced attorney. A child support modification attorney can evaluate your needs, determine the best way to proceed, and ensure all legal documents are filed timely and correctly. They can also negotiate with opposing counsel or the other parent to reach a consensus or agreement. In some cases, you may be able to file a legal Stipulation for Child Support Modification.

Pursuing Modification for Child Support

Child support orders must follow statutory guidelines regarding the amount to be paid. This is based on a formula that is outlined in Florida Statute 61.30. This amount is based on the number of children, their needs, and both parents’ income. The responsibility to pay child support continues until the child turns 18 or graduates from high school, whichever event occurs later. You can file a petition for child support modification if there is a substantial, material, and ongoing change in circumstances since the order was originally entered. Either parent can file this petition as long as the change in the amount of child support is either 15% or a $50 modification. You can also file a petition for child support modification in Florida if the child is emancipated, joins the armed forces, or is adopted by another person. A judge will make adjustments to the child support amount based on:

  • The cost of the child’s medical expenses and health insurance
  • The cost of the child’s daycare
  • The cost of accommodating any of the child’s special needs
  • A change to the parent’s income or assets
  • A change to either parent’s employment status
  • A change in parenting time
  • State and federal benefits received by either parent

Remedies for Inability to Pay Child Support

If you or the other parent of the child(ren) are suddenly unable to pay child support, there are remedies available to both parties. The obligor can petition the court to reduce the amount of child support, even temporarily. It is best to make a formal child support modification through the court in these circumstances, as otherwise the obligor would still be required by law to meet their legal duty to pay the full amount each month.

Frequently Asked Questions

Florida child support orders follow strict statutory guidelines based on both parents’ incomes, the number of children, and the children’s specific needs. To approve modification, a judge will look for a substantial and ongoing change in circumstances. According to Florida Statute 61.30, courts consider the following factors:

  • A parent’s unexpected unemployment or business failure
  • Long-term disability, severe injury, or chronic illness affecting either parent or the child
  • Significant increases or decreases in parenting time
  • Changes in the cost of the child’s daycare, medical expenses, or health insurance
  • A sudden financial windfall or securing a much higher-paying job

You must follow a formal legal process to change your existing order. First, assess your current financial situation and gather concrete documentation, such as recent pay stubs, tax returns, and medical bills. Next, you must file a petition for child support modification with the local family court on Florida’s Treasure Coast. Finally, you’ll attend a court hearing where a judge will review your evidence and make a ruling.

Florida law doesn’t set a strict limit on how many times you can request a modification. However, you must prove that a new, substantial, and unanticipated change in circumstances has occurred since the judge issued the most recent order. Courts generally expect these changes to be long-term rather than temporary fluctuations in income.

When parents can’t agree on a proposed change, the case becomes a contested modification. The dispute will go before a judge in family court. Both the custodial parent and the recipient parent will have the opportunity to present their financial evidence and make their case. The judge will evaluate the provided documentation and issue a final decision based solely on the child’s best interests.

The timeline depends heavily on the court’s current schedule and the complexity of your case. If both parents agree to the new terms and file a joint stipulation, the court can approve the modification relatively quickly. If the other parent contests the request, the process will take much longer as you wait for hearing dates and legal negotiations.

Parents can informally agree to change the amount of money exchanging hands, but this verbal agreement offers no legal protection. You must submit a formal Stipulation for Child Support Modification to the court. Without a judge’s official approval, the original court order remains legally binding.

Yes, a judge will deny your request if the change in circumstances doesn’t meet the 15% or $50 threshold required by Florida law. Additionally, courts require parents to act in good faith. If a judge determines that a parent intentionally quit a job or took a lower-paying position to reduce their child support obligations, the court will deny the modification request.

Remarriage doesn’t automatically change an existing child support obligation. Florida courts base child support calculations on the biological parents’ incomes. However, if a new marriage drastically changes a parent’s overall household expenses or financial stability, it could indirectly influence the court’s view of their ability to pay.

 Choose Michael Todd Rebuck, PA

Our child support modification lawyer has extensive experience in family law matters. Michael Rebuck and his team are committed to finding simple, effective solutions that give clients the best chance of a favorable outcome in court. We advocate for our clients’ interests and needs and guide them through the complexities of the legal process. In addition to child support modification, we also handle dissolutions of marriage, alimony and spousal support, paternity, contempt and enforcement, adoption, domestic violence, separations, annulments, and modification/temporary relief of legal agreements.

Schedule a Consultation for Child Support Modification

Call us today or contact us online to schedule a free consultation for Florida child support modification. Michael Todd Rebuck, P.A., has decades of experience handling family law matters throughout the Treasure Coast area of Florida. We work closely with our clients to identify their needs and find the most effective legal remedy available.

Call Us Today for a Free Consultation