Florida Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
What are substantial change in circumstances and why do they matter? A substantial change is what must be proven in Florida courts when a parent wishes to modify a previous court agreement. It may be an individual who must pay child support and has recently lost their job or received a significant pay cut.
Parents can also file a petition in circuit court to change their support order. First, the parent making the request gives their financial and other information to the Child Support Program for review. Once this information is received, the Program contacts the other parent to obtain their information.
An order to pay child support can be changed (or modified) by the court or administrative agency that issued the order if the circumstances of either parent change after the order is issued. Until an order is changed, terminated or vacated, the amount ordered is owed and legally enforceable.
As per Florida child support guidelines, a parent must pay more than 55 percent of their gross income for child custody purposes to the other parent. If the child spends considerable quality time but less than 20% overnights with one parent, this may reduce the other parent's expenses.
The Florida child support statutes allow a modification petition anytime the petition would result in a change in support of at least 15% or $50, whichever is greater.
Florida law provides several grounds for downward modification: If it is found necessary by the court in the best interest of the child; the child reaches majority; the child is emancipated, marries joins the Armed Forces or dies; or.
Extraordinary expenses such as dental, psychological, educational or other medical expenses can be considered when calculating support. Other reasons to deviate upwards are as follows: The age of the child, assuming a greater need for older children. Special needs that may be associated with a disability.
What Can I Modify After My Divorce Is Settled? Almost any aspect of your divorce decree can be reconsidered by the court at a later date. That said, most post-judgment modifications focus on alimony, child custody, and child support.
