Modifying Florida Child Support

In Florida, the amount of child support that a parent is required to pay is based on the income of both the parents and the needs of the child or children. The court order will outline how much child support is due when it should be paid, and who will receive what support.

Child support agreements are very difficult to change. In Florida, in order to modify a child support order, the requesting parent must be able to show a substantial change in circumstances such that he or she needs to modify the terms of the current agreement. What is considered a "substantial change" which would allow a modification is left up to the court.

Attorney for Modification of Child Support in Fort Lauderdale, FL

If you or someone you know has had a change in circumstances like job loss, income change, or perhaps, the needs of your child have changed, and you need a modification of your child support agreement, contact the attorneys at Bacchus Law Firm.

Our lawyers have handled family law child support issues for years and can advise you of the kinds of circumstances that have qualified for modifications in the past.

Our offices are centrally located at in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been arrested or are subject to investigative procedures in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.

Call (954) 500-5555 for a face-to-face consultation.

Overview of Modifying Florida Child Support in Broward County

Modification of Child Support

Changing an existing child support order is difficult to do in Florida. The requesting party must be able to show a substantial change in circumstances to warrant a modification. When establishing or changing a child support agreement, the court will consider all relevant factors including:

the needs of the child
the child's age
the child's station in life
the child's standard of living
the parent's financial status
the parent's ability to pay

These factors are also considered when establishing a modification. Circumstances that warrant a child support modification can vary depending on whether the petitioner wants to increase or decrease the amount of child support.

Factors for increasing child support may include the following:

receiving party's loss of a job
receiving party's loss of income
an increase in paying party's income
child expenses increase
subsequent children

Factors that may call for a decrease in child support can include:

paying party loss of job or income
receiving party's increase in income
childcare expenses decrease
a change in the child's residence

Subsequent children as a basis for modifying a child support agreement may only be raised in a proceeding for an upward modification of an existing award and may not be applied to decrease an award.

Every petition for child support modification must include an affidavit, which must show the party's income, allowable deductions, and net computed income.

Not Sticking to the Parenting Plan

A parent's failure to adhere to the parties' agreed-upon parenting plan or time-sharing agreement that is not caused by the other parent and also resulted in an adjustment of the child support amount is automatically considered a "substantial change in circumstances" for purposes of modifying the child support award.

Florida Child Support Payment Chart

The court may order a child support payment schedule based on the combined net income of each parent. The child support schedule amount presumptively determines the amount the court will order in an initial proceeding for child support or in a modification of an existing support agreement. The Florida child support schedule, according to Fla. Stat. § 61.30 is as follows:

Monthly Net Income	One	Two	Three	Four	Five	Six
800	190	211	213	216	218	220
850	202	257	259	262	265	268
900	213	302	305	309	312	315
950	224	347	351	355	359	363
1000	235	365	351	355	359	363
1050	246	382	443	448	453	458
1100	258	400	489	495	500	505
1150	269	417	522	541	547	553
1200	280	435	544	588	594	600
1250	290	451	565	634	641	648
1300	300	467	584	659	688	695
1350	310	482	603	681	735	743
1400	320	498	623	702	765	790
1450	330	513	642	724	789	838
1500	340	529	662	746	813	869
1550	350	544	681	768	836	895
1600	360	560	701	790	860	920
1650	370	575	720	812	884	945
1700	380	591	740	833	907	971
1750	390	606	759	855	931	996
1800	400	622	779	877	955	1022
1850	410	638	798	900	979	1048
1900	421	654	818	923	1004	1074
1950	431	670	839	946	1029	1101
2000	442	686	859	968	1054	1128
2050	452	702	879	991	1079	1154
2100	463	718	899	1014	1104	1181
2150	473	734	919	1037	1129	1207
2200	484	751	940	1060	1151	1234
2250	494	767	960	1082	1179	1261
2300	505	783	980	1105	1204	1287
2350	515	799	1000	1128	1229	1314
2400	526	815	1020	1151	1254	1340
2450	536	831	1041	1174	1279	1367
2500	547	847	1061	1196	1304	1394
2550	557	864	1081	1219	1329	1420
2600	568	880	1101	1242	1354	1447
2650	578	896	1121	1265	1379	1473
2700	588	912	1141	1287	1403	1500
2750	597	927	1160	1308	1426	1524
2800	607	941	1178	1328	1448	1549
2850	616	956	1197	1349	1471	1573
2900	644	971	1252	1412	1540	1647
2950	635	986	1234	1391	1517	1622
3000	644	1001	1252	1412	1540	1647
3050	654	1016	1271	1433	1563	1671
3100	663	1031	1289	1453	1586	1695
3150	673	1045	1308	1474	1608	1720
3200	682	1060	1327	1495	1631	1744
3250	691	1075	1345	1516	1654	1769
3300	701	1090	1364	1537	1677	1793
3350	710	1105	1382	1558	1700	1818
3400	720	1120	1401	1579	1723	1842
3450	729	1135	1419	1599	1745	1867
3500	738	1149	1438	1620	1768	1891
3550	748	1164	1456	1641	1791	1915
3600	757	1179	1475	1662	1814	1940
3650	767	1194	1493	1683	1837	1964
3700	776	1208	1503	1702	1857	1989
3750	784	1221	1520	1721	1878	2009
3800	793	1234	1536	1740	1899	2031
3850	802	1248	1553	1759	1920	2053
4000	828	1288	1603	1816	1982	2119

The Florida Statute outlines the required payments based on net monthly income and the number of children an individual has to care for up to a monthly income of $10,000.

If the paying individual's income is less than the amount specified in the guidelines, then the court will order the paying party to pay child support as determined on a case-by-case basis.

What is a Substantial Change?

The Substantial Change test is a two-part test used to determine whether there has been a substantial change in one parent's circumstances to warrant a modification of child support or a time-sharing agreement. A substantial change in circumstances is one that is "substantial, material, unanticipated at the time of the final judgment, and permanent in nature."

According to the Florida Supreme Court, the substantial change test includes the following:

that there was a substantial and material change in circumstances, unforeseen at the time of the final judgment for child support or custody; and
that the best interests of the child can still be promoted by the change in the custody agreement.

With this extraordinary burden, the petitioning parent must first show that there was an unforeseen change in circumstances. Once the court determines that such circumstances exist, then it must determine whether the suggested modification is in the best interest of the child.

Additional Resources

Wade v. Hirsch –Visit the Florida Supreme Court for the full opinion concerning modification of a timesharing agreement and the application of the substantial change test. The "substantial change in circumstances" test is the premiere test for modifying many marital, post-marital, or child custody agreement under Florida law.

Fla. Stat. § 61.30 –Visit the official website of the Florida Senate for the full Florida Statute on child support guidelines, retroactive child support and the full child support schedule.

Family Law Forms – Visit the official website of the Florida courts for the Family Law Forms used to request a modification of a timesharing or child support agreement under Florida law.

Find an Attorney for Modifying Child Support in Broward County, FL

If you or someone you know has experienced a substantial change in circumstances and requires a modification of their child support agreement, then call Bacchus Law Firm.

The experienced family law attorneys in our office will guide you through the steps necessary to modifying or terminate your child support agreement. Our lawyers are zealous and dedicated advocates who will fight to get you the best possible result.

We take cases throughout the Miami-metropolitan area in counties like Hendry County, Palm Beach County, Collier County, and Miami-Dade County, FL.

Our office is centrally located at in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have been arrested in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.

Call (954) 500-5555 to schedule a no obligations consultation with our family law attorneys.

This article was last updated on Wednesday, May 10, 2017.

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