When Can I Get a Modification of Child Support?
There are certain times at which your Orlando Attorney can seek a modification of your child support:
The Florida statute that address child support sets forth certain situations where a person may seek a modification of a child support payment. It does not matter if you are the parent who pays or receives the support as either one may seek a modification if certain criteria are met.
The basic fundamental rule for seeking a modification of any child support child custody order is that you must show a substantial change in circumstances that was not contemplated at the entering of the previous final judgment and that a modification is in the child’s best interests.
There is no set list of what constitutes a substantial change, however, the most common ones include: one parent no longer exercising their visitation which has an effect on support calculations, one parent losing a job at no fault of their own, a parent getting a promotion and thus a significantly higher income, if the child care needs of the child change, or the child’s health insurance needs change just to name a few.
Sometimes a parent will try to quit their job during child support litigation and regain employment after a final judgment is entered. This manipulation of the court is not looked upon kindly by judges and can be easily picked up by a savvy child support attorney. When this happens, the parent who tries to manipulate the court places them self in danger of having an income imputed on them higher than that which they are capable of earning.
If you or someone you know is going through a child support case in Florida then call attorney Sean Smallwood at 407-347-4738
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.