St. Augustine Child Support Modification Lawyers

Learn How to Adjust a Child Support Arrangement

Child support arrangements can be carefully planned but they can’t foresee the future. If you aren’t receiving enough child support or think you are paying too much due to unanticipated and significant financial changes, you should talk to a St. Augustine child support modification lawyer from Owenby Law, P.A. today. We proudly help local parents discover their options when child support arrangements previously ordered by the court just aren’t helping like they should anymore. With our 24/7 availability over the phone, it’s never the wrong time to reach out for legal guidance.

Dial (904) 674-8779 now to request a no-cost consultation about your child support modification case.

What is a Child Support Modification?

A child support modification is a court-approved change to pre-existing child support arrangements. It can be requested by either the parent paying or receiving child support already. As with the original child support order, the court will only approve a modification to one if it continues to uphold the child’s best interests. 

When Can You Request a Child Support Modification?

Family law courts are hesitant to reverse their previous decrees. For this reason, child support modifications can be challenging to get. More specifically, the court will only consider a petition for modification of child support if it is shown to be necessary, not just preferred.

The most common situations that lead to a petition for modification of child support include:

• Job loss or termination
• New and expanded income
• Other parent’s income increases or decreases
• Custody or visitation changes
• Change in family size or dynamic
• Physical or mental disability
• Imprisonment
• Active military service deployment

What Qualifies as a “Significant, Lasting & Unanticipated Change?”

While the above reasons are among the most common for filing a petition for child support modification in Florida, it is worth noting that those reasons alone might not be justification to approve the modification. Instead, a family law court usually expects the change in question to be “significant, lasting, and unanticipated.” Based on the court’s discretion, a petition can be rejected if the change isn’t considered to be one or all those descriptors.

For example: A divorced man is told by his employer that the company is downsizing by the end of the year, and his position will be eliminated in 6 months. When he is laid off, he petitions the court to change his child support plan, so his ex-wife pays more each month. However, he runs into legal challenges when his ex-wife argues that the change was not “unanticipated” because he had half a year to make different financial plans but did not. In this case, despite the man’s financial change being significant, it was not unanticipated, so the court might not approve the petition.

If you’re not sure if your financial change would qualify you to file a petition for a child support modification, don’t just guess — work with our attorneys from Owenby Law, P.A. in St. Augustine to get reliable answers from our legal team.

Retroactive Child Support Adjustments in Florida

Typically, child support modification adjustments are eligible to go into effect once your attorney files the petition with the court. If the petition is accepted by the court, it is possible to request any retroactive payments for the time between when the petition was filed and when it was approved.

For example: You request $1,000 more a month from your ex-spouse in a petition that is filed on January 1^st. Your ex-spouse challenges the petition, slowing down the legal process. On July 1^st, the case is finally concluded, and the petition is accepted. Our attorneys can argue that your ex-spouse owes you $6,000 in retroactive child support payments, too, which would be $1,000 a month for each month the petition was pending.

Legal Process of Child Support Modification

The legal process for modifying child support payments in Florida usually includes these steps:

1. Eligibility check: Our attorneys can check to see if your circumstances are substantial enough to make you eligible to file a petition in the first place.
2. Petition: We can obtain, complete, and file the official “Supplemental Petition to Modify Child Support” form on your behalf.
3. Form service: When the form is filed, a copy of it must be officially served to the other parent, just as you would officially serve divorce papers.
4. Financial disclosure: You and the other parent will likely need to submit updated financial disclosure statements with the court to summarize your most recent income, expenses, debts, and assets reports.
5. Mediation: The court might require you to enter mediation at least once to try to resolve the issue amicably. However, this step might be skipped for a modification petition, not an original order.
6. Court hearing: During a court hearing, the court will decide if the modification petition is justified based on the arguments presented by both sides. If the other parent doesn’t object to your petition, the case could be defaulted in your favor.
7. Court order: If the petition is successful, the court will issue a new order, which is legally binding for both parties. Immediate compliance is required. 

Get Answers to Your Questions – Call Now

If you’re feeling financially stuck due to unexpected life changes, see if a modification to a child support order could help both you and your child. Come to Owenby Law, P.A. in St. Augustine to explore your options. We’d be happy to support and guide you as you look for a solution that works for everyone.

Ask for a free case consultation by dialing (904) 674-8779 now.