This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
Broward Florida Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
State:
Multi-State
County:
Broward
Control #:
US-00800BG
Format:
Word;
Rich Text
Instant download
Description
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FAQ
What do Must Prove to Change Your Divorce Settlement in Florida? To modify your marital settlement agreement, you and your ex-spouse either need to agree to a change, or you'll need to petition the court to make a change.
If the review results show that the support amount should be increased or decreased, we will take the next step to get the order changed. It generally takes about six months for an order review and change to be completed.
There are just two ways to modify a divorce decree in Florida, whether dealing with alimony, child custody and visitation, or child support. You can come to a mutual agreement with the other party before you file your request, or you can file a petition for modification.
Either parent can file their own petition in circuit court to change (modify) a support order. You can hire a lawyer of your choosing or file your own petition and represent yourself. Other resources you may find helpful include: Florida Courts Self-Help Page for Child Support.
Can I modify child support? Child support is always modifiable under Florida child support law, as long as the change would be at least $50 or 15% whichever is greater. This includes prior orders for child support under a previous divorce, paternity case, or any support order established by the Florida Dept.
Once a divorce is final, it may be reopened in limited circumstances. To reopen your case, your attorney will file a motion with the court.
Once the judge is satisfied, the consent order is 'sealed' and becomes legally binding. At this point, the order is final and neither you, nor the judge, can usually change the agreement.
For instance, if a parent has encountered an increase or decrease in income, support may be modified. Generally, there will need to be at least a 10% change in income to qualify as a substantial change. Even if you had a decrease in income, that does not automatically mean support payments will decrease.
The question is: can you vary or amend your divorce order? "The short answer is yes, you can, under certain conditions," says attorney Simon Dippenaar. "Most amendments concern childcare and contact - custody and access or visitation rights - and changes to your property settlement.
Calculating the amount of child support you will have to pay, or the amount that you are entitled to receive, is all determined under Florida Statute 61.30.. Child support is determined based on a formula which utilizes the net income of both of the parents.
