Florida Child Support: Child Support Modification

It is entirely reasonable to request a child support modification in some situations. Life circumstances change, and the law acknowledges that several factors can affect a parent’s ability to make child support payments. These include military service, remarriage, relocation, and job changes. 

What Is the Process for Requesting Modification?

If you need to petition the court to review a child support order, here are steps to help you effectively navigate the process:

• Gather necessary information: Collect all relevant information, including documentation of the changed circumstances that justify the modification.
• Consult with an attorney: It is highly advisable to hire a child custody lawyer. An attorney can provide valuable guidance, help you prepare your case, and ensure you follow necessary legal procedures.
• Complete the required forms: In Florida, you must typically fill out the Supplemental Petition for Modification of Child Support form.
• Serve the other parent: You must serve the completed forms to the other parent or their legal representative. This ensures that the other party is aware of the modification request.
• Attend the hearing: Both parties will present their case and provide evidence supporting their position. The court will consider the changed circumstances and rule in the child’s best interests.

• Woolf v. Woolf, 901 So. 2d 905 This case held that  Florida Statute § 61.13(1)(a)(2004) confers jurisdiction on the trial court to modify child support "when there is a substantial change in the circumstances of the parties."

• Miller v. Schou, 616 So. 2d 436 This case held that a substantial change in the paying parent's income is itself sufficient to constitute a change in circumstances warranting an increase in child support without a demonstration of increased need.

• Pitts v. Pitts, 626 So. 2d 278 This case held that a reduction of child support may be warranted due to changed circumstances which are substantive, material, involuntary, and permanent in nature.