Full question:
I am a divorcee and I pay child support on monthly basis. I am going through a financial crisis now and it is estimated that it may take two years to recover from the crisis. I am not able to pay the existing support to my child. Can I approach the court to seek a reduction in payment of child support? Is it provided under Florida law?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Florida
Answer:
Generally, the party seeking to reduce child support payments must prove that the modification is necessary. In Florida, once a child support order has been entered, it can only be changed if one of the parents shows a “substantial and ongoing change in circumstance.” For these purposes, a change of circumstances is considered substantial when it is significant, material, permanent and involuntary in nature. A decrease in a parent's income may justify a reduction in child support payments, however, if the parent has sufficient assets to continue payments and the child's needs have increased then it may not be allowed. The parent seeking the modification bears the burden of showing that such a change in circumstance exists. Thus, you may approach the court for the reduction of child support payments and Florida law provides for the reduction of child support payments. The provisions regarding the reduction of the child support payments is provided in Fla. Stat. § 61.30. It read in its pertinent part as follows:“***
(b) The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $ 50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.
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(b) The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $ 50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.
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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
