How Often Can You Modify Child Support in Fort Myers, Florida?

How Often Can You Modify Child Support in Fort Myers, Florida?
Angry family getting a divorce

Deciding to change child support in Fort Myers? The court in Florida always favors the stable living arrangement of a child. As much as a possible modification of child support is not supported unless there is a major change in circumstances that will give the child the best interest for the modification considering the following reasons and answers the question how often can you modify child support in Fort Myers, FL :

Change in Income

  • The change can be upward or downward and may involve either the parent paying child support or the parent receiving child support.
  • There is no absolute amount the income must change before filing for a modification. But whatever the change, the revised incomes must result in the child support amount changing by at least 15% or $50

Change In Parenting Time

  • A recent new child support law has strengthened the ability to modify child support based on parenting patterns.
  • Many courts looked at the overnight parenting split as spelled out in the Parenting Plan attached to the last final judgment.

Change in Expenses

Certain changes in child-related expenses could justify changes in child support. The types of expenses that can justify a change in child support are very specific and limited.

  • Daycare- When daycare expenses have been incorporated into child support, any change in daycare can serve as a reason to modify support.
  • Alimony-Alimony and child support are always interactive issues. More alimony = less child support and visa versa.
  • Other child support orders- Court-ordered child support for children from other marriages is a valid deduction from total income.
  • Taxes –One way that could happen is when a parent moves to an area that has state and/or city imposed payroll taxes. Those taxes may drastically change the net income figure that would be used in the child support calculation.
  • Health Insurance for Child- Each parent pays for that insurance in a proportion equivalent to his or her net income. There may be a need to file for child support modification when health insurance premiums change.
  • Health Insurance for Parent –Each parent pays for his or her own health insurance. But according to the Florida child support statutes, that payment is a valid deduction from gross income.

Parents that Lose Their Jobs

Either side must present evidence supporting their claim that any unemployment is involuntary versus voluntary. That is an important issue for the court to decide before there is any discussion of support recalculation.

Modifying Past Child Support (Arrears)

  • In general, you cannot change child support arrears.
  • What is owed will stay in place – even after a successful modification case.

Best Child Support Lawyer in Florida

If you are considering changing or modifying custody of your child it is best to contact a child custody attorneyMarquez-Kelly Law. Child support orders can shift many thousands of dollars from one hand to another. Improper efforts to change or modify child support can bring drastic negative consequences. If you desire to raise, lower, or terminate child support, it is certainly worth consulting a knowledgeable child support attorney. Marquez-Kelly Law can help you navigate the rules regarding child support and can help you achieve your goals.

  • In order to modify child support, both parents should agree on the modification.
  • It should be a unilateral decision.
    • If parents doesn’t agree to the terms you have to ask your attorney and file a petition to reopen for the modification of child support and need to state why you want a change in child support.
  • There should be a substantial and major change in circumstances if you want your petition to be approved.
  • The court always makes sure that it is in the child’s best interest.

The courts main concern are the children, it is better that a child has consistency in living with his or her parent and the amount of support that should be given to them. This is the very reason why most courts will not allow modification of child support for a certain period of time after the original custody agreement. Mostly a waiting period of one to two years is common before you can ask for modification. Unless there is imminent danger to the child it will not be approved quickly.

Looking for a child custody attorney?

Marquez-Kelly Law Attorney specializes in Family Law. For a professional experienced Family Law in child custody Fort Myers FL, and child custody Cape Coral FL, contact Marquez-Kelly Law Attorney at 239-214-0403 or email us here for a Free Half-Hour Consultation.

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