A wide array of circumstances necessitate modification of child support. Loss of income means difficulties in paying child support in line with the orders issued by a court. An increase in expenses also necessitates increased child support payments. How does the process of modifying child support in Florida work? You need to file a motion in court for your request to be granted. Here are tips on how to modify child support in Florida.
- Understand Florida Child Support Law
The first step in seeking modification is to understand all the guidelines that dictate child support. How do the guidelines apply to your prevailing circumstances? According
to Florida law, child support modification is allowed as long as there is verifiable
evidence of considerable, unforeseen or permanent change in your circumstances.
A change in circumstances is considerable if it changes child support by the legal amount. Health insurance can also call for modification as it is factored in determining child support. A decrease or increase in insurance premiums cost can lead to modifying child support.
- Seek the advice of legal expert
In your quest to seek decreased or increased payments for child support, the other party can contest your motion. At Sean Gentile Child Support, we can advance your interests and those of the child in question. Keep in mind that child support guidelines are complex thus can be interpreted in many ways. Having us on your side is important to ensure proper computation of child support payments.
- Get copies of all the required forms
There exists pre-approved forms which Florida courts require a person to fill when filing a court request for modification. The forms are usually availed in legal aid clinics or at clerk’s offices. The forms bear instructions with respect to the filling procedure. First understand all the instructions given to fill the form accurately.
- Fill your supplemental petition
Your supplemental petition must be supported by concrete information. It is important to indicate precisely the change in circumstances that necessitate modification of the existing child support order. In essence, you have to sufficiently show that modification is necessary because some involuntary circumstances in your life undermined your capability to make child support payments. Once satisfied that you have filled accurate information, remember to sign the petition in the presence of a deputy clerk. Lastly, make several copies so as to have a personal copy and another one to be furnished to
the other parent. The original copy is preserved by the clerk and is given to the court when the petition is filed.
- Consult the other parent
The court’s approval process is much simpler if you manage to convince the other parent to agree to your modification request. The discretion to grant a petition for modification is bestowed on a judge. Where both parents are on agreement about modification, the probability of a judge approving modification is high.
In conclusion, if you feel the burden of paying child support is too much to bear, it is possible to seek an order to facilitate lowering of payments. On the other hand, if you are the recipient of child support dues and expenses have increased, you can also seek an order to facilitated increased payments. It is not an easy process though. The
modification of child support demands filing of accurate paperwork and adherence to the set procedures. To follow due process in seeking child support modification, consult with us at Sean Gentile Child Support to receive professional advice on what to do.