Child support modifications are best handled with the support of a legal professional in Orlando Florida.
Substantial Change of Circumstances.
Since your ex-husband is making more money, a child support modification is in order based on a “substantial change of circumstances.” Section 61.30 (1)(b) states as follows: “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.”
Child Support Modification.
Child Support in the State of Florida is determined in accordance with the Child Support Guidelines based on financial paperwork that both parents are required to submit during a divorce action. If one spouse is not working or working at a low paying job but their salary jumps up after receiving a good paying position, the other spouse is allowed to go back to court to request action to increase the amount of child support, referencing the larger income that would be on a newly prepared financial affidavit. Child support modifications can be requested during the years where a minor child from the marriage is being supported by both parents, and should be filed in the same court jurisdiction where the divorce and original child support documents were filed.
Modifications in Florida can also be made to decrease child support if the person paying it loses their job, loses income, expenses for children decrease or if the recipient parent makes more money.
Paperwork to Be Filed.
The parent requesting the modification must file a supplemental petition for modification of child support and a summons and serve the other party. Each party must then disclose their financial information to each other, then a hearing is usually set before a judge. At the hearing, the party requesting the petition has the burden of proof and the child support can be modified if, after review of the financial documents, it is proven that the party paying the support is in the position to do so, and that the amount is at least 15% or $50 more than the current amount. Once the order is made to change the child support amount, it will be processed, and the new amount will be paid to the party by the means identified in the most current support documents. Sometimes when the department of revenue has been involved, the modification can be more complicated. In all cases dealing with child support, it is important that all paperwork is completed and filed the correct way since it impacts the livelihood of your family.
Hire an Attorney.
If you are receiving child support, you know how important it can be for you to keep up payments on your bills, commuting expenses and the basic needs of your children, including food, shelter, clothing, education and other activities. You should seek out the services of a knowledgeable attorney who can expedite the process for your increase in child support and lessen the burden on your finances by contacting the Aikin Family Law Group to represent you in court and make sure the paperwork is filed correctly.
Aikin Family Law Group
2180 Park Avenue North
Winter Park, Florida 32789