Orange Park Child Support Modification Attorney
See How Child Support Modifications Can Help
Come to Owenby Law, P.A., serving families in Orange Park, Florida, if you need help with a child support modification. If the current child support arrangement is no longer working for you or your child’s benefit, a modification might be in order. With our attorneys leading the way, you can explore your options with confidence.
See how a child support modification might help you. Call (904) 263-5759 or submit an online contact form today.
What is a Child Support Modification?
A child support modification is a legal tool used to alter a pre-existing child support order. It is officially requested by filing a “Supplemental Petition to Modify Child Support” form with the court that approved the original order if possible. The goal of a modification is to resolve any new financial concerns that have put you or your child under undue stress since the support order was first approved.
When You Can Request a Child Support Modification
You can request a child support modification in Florida as the parent who is receiving child support or the parent who is paying it. The underlying factor when requesting a child support modification is that “significant, lasting, and unanticipated” changes have occurred to either your financial situation or that of the other parent, and now the previous child support order is not fairly benefitting everyone. As always, the focus of a modification petition should be to ensure that your child’s best interests are upheld.
A child support payment decrease might be approved if the:
- Paying parent’s income has decreased
- Paying parent is no longer employed or making income
- Receiving parent has gained more income
- Child’s expenses have decreased
A child support payment increase might be approved if the:
- Receiving parent’s income has decreased
- Receiving parent is no longer employed or making income
- Paying parent has gained more income
- Child’s expenses have increased
Importantly and as mentioned, family law courts usually look for changes that are considered “significant, lasting, and unanticipated.” For example, sudden job loss is unanticipated but company layoffs with months of forewarning are not; such a difference could make or break a petition to modify a child support order.
Retroactive Child Support Changes in Florida
The event that convinces you to petition for a child support modification is not when the modification can begin. Instead, the modification’s terms can begin on the date that your attorney files the petition. If your petition is accepted, the new arrangements can be applied retroactively to cover the dates between when you filed the petition and when it was eventually accepted. For this reason, it is important to file your petition as soon as you think your family’s financial circumstances have changed significantly.
Legal Process of Child Support Modifications
All child support modification processes are unique, but most will include these steps:
- Eligibility: Our attorneys can start your case by first determining your eligibility to petition the court to modify your child support order. Using our decades of family law experience, we can review your situation and see if it would be considered to be a significant, lasting, and unanticipated change by the court.
- Filing the petition: With the guidance of our lawyers, you can fill out and file the Supplemental Petition to Modify Child Support form with the right court. Of course, you can also let us complete this form on your behalf.
- Serve the other parent: A copy of the petition will need to be officially served to the other parent once it is filed with the court, much like how divorce papers must be officially served.
- Financial disclosure: The court may ask you and the other parent to submit recent summaries of your financial statements, including expenses, assets, debts, and income.
- Mediation: You might be ordered to enter mediation attempts to find an amicable way to update the child support arrangement without the direct input of the court. If mediation is successful, the court will still need to review the proposed modification and approve it.
- Court hearing: If mediation is not successful, you and the other parent will have to go to court to attend a hearing, during which you both can present arguments for your side of the situation.
- Official order: When the hearing is finished and if it ends in your favor, the court will officially issue a new child support order that will reflect the requested modifications.
Find the Child Support Order That Works – Call Now
Don’t get caught up in the many details of requesting a child support order modification in Florida. Instead, hand your case over to Owenby Law, P.A. and our Orange Park child support modification attorneys. We are here to handle your case from start to finish, acting on your behalf and upholding the best interests of your child.
Contact us online or dial (904) 263-5759 to get more information today.
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