With a Florida child support order, it is based on the situation at the time. However, life is not static and circumstances change. For those who are concerned about how much they are paying or receiving in child support, it is important to understand how post-judgment modifications are requested and ordered.
Various factors are considered after a request is made to modify a child support order. Two fundamental aspects are if there is a substantial difference in income the supporting parent earns or a change in the child’s needs. For example, if a paying parent — the obligor — has lost his or her job, then the order might be modified. A custodial parent who is receiving child support payments could need an increase if the child’s daycare grows more expensive, if school costs rise or there are hefty medical expenses.
The custodial parent may be wise to request there be a modification in the following instances: if the non-custodial parent has had an increase in income in the interim between the order and the request for modification or when the financial needs of the child have grown to a level where more support is necessary. Asking for a modification due to frivolous reasons will likely result in a denial.
Non-custodial parents should ask for the support to be reduced if they are truly having a problem making the payments through no fault of their own. An example could be a severe decline in income. For both parents, the key to any child support order is to serve the best interests of the child. Regardless, there could be viable reasons for either parent to ask for post-judgment modifications. When moving forward, it might be beneficial to have legal help to present the case.