Can I seek a reduction in child support payments in Florida?

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:

In Florida, you can request a reduction in child support payments if you can demonstrate a substantial and ongoing change in your circumstances. This change must be significant, material, permanent, and involuntary. A decrease in your income may justify a reduction, but if you have enough assets to continue payments or if your child's needs have increased, the court may deny your request. You bear the burden of proving that a substantial change has occurred. According to Fla. Stat. § 61.30, the difference between your current payment and the new amount under the guidelines must be at least fifteen percent or fifty dollars, whichever is greater, for the court to consider it a substantial change.

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.

FAQs

The impact of divorce varies by individual circumstances. Generally, both partners can experience emotional and financial distress. However, custodial parents, often mothers, may face greater challenges due to the dual responsibilities of parenting and managing finances. The loss of a partner's income can also exacerbate financial difficulties, especially if child support is insufficient.