Divorce is a legal matter that involves a lot of financial settlements, one of which is child support. Things change and circumstances can happen, however, that can make a formerly established child support amount insufficient to pay for the needs of a child. At this point, one can take the matter to court and request for additional child support. Modification is allowed under Florida child support law, provided that the amount of change would be a minimum of 50 dollars or a 15% difference from the previous amount, whichever is greater. Some points need to be considered, however, before the court can grant this.
Generally, a substantial change in circumstances is needed before a modification can be done. This might include:
- Significant increase or decrease in income of either the non-custodial or custodial parent. Change in income is the most common ground for modifying child support. The loss of a job or primary source of income can leave the paying parent unable to pay the full amount required, or, in the case of the receiving parent, unable to provide for the daily needs of a child without an increase in the support being received. Also, greater income can warrant an alteration. As stated beforehand, the revision in payment should be at least 15% or $50.
- Medical disability for either parent. Modifications of child support can be granted if a parent suffers from lasting disability. In the case of temporary circumstances, such as medical emergencies or temporary financial difficulties, the court will allow modification for a specific time only. Changes in child support payments may be needed to be made after that allotted time or the court may go back to the previously established amount.
- Profound changes in the child’s needs. As children grow older, their needs also change. Additional costs spring from educational-, medical-, insurance-, and age-related needs, which prompted a need for increased child support, thus calling for a modification.
Should you ask for child support modification?
If you think you are entitled to more and the expenses of raising your child are going up, Attorney Mellany Marquez-Kelly will discuss your options and help guide you throughout the process. Attorney Marquez-Kelly is an experienced family law attorney and her thorough understanding of Florida law has been of great help to many clients. For a child support lawyer in Fort Myers, Florida, and its surrounding communities, call 239-214-0403 now for a FREE 30-minute consultation.