Can I modify my child-support?
Yes you can. Child-support can be modified upwardly or downwardly. There are several reasons that child-support can be modified:
- The payers income has increased
- The recipients income has decreased
- The child-support guidelines support a change (up or down)
- The payers time sharing changed (increased or decreased)
An increase or decrease in child-support is initiated by filing a petition for modification. It is important to understand the child-support cannot be modified based upon past financial circumstances. It is not until a petition for modification is filed that a court can consider whether a modification of child-support is warranted. Once the petition has been filed the court can modify child support retroactive to the date of filing the petition for modification. The law offices of West Palm Beach Child Support Modification attorney, Stephen J. Press is highly experienced and is ready to represent you whether you seek to modify child support or you are opposing a proposed modification in child support.
After the petition is filed, both parties must file mandatory financial disclosure in the same fashion as in the original divorce or paternity proceeding. The financial disclosure includes the filing of a family law financial affidavit. Each party is entitled to delve into the background of the financial affidavit in order to show what the accurate income is. For child-support purposes, the net income of each party is what determines the amount of child support under the child support guidelines. Their are other factors such as health insurance daycare and percentage of time sharing that go into the calculation of child support. A court can modify child support if there is at least a $50 change in the amount of child support.
It is also possible to obtain court awarded attorneys fees in a child-support modification proceeding. The court will look to the need of the party requesting attorney’s fees and the ability of the other party to pay attorneys fees.
If you are about to enter into a marital settlement agreement in your divorce case and you have child-support involved, it is a good idea to have an annual requirement that the parties exchange their tax returns. Otherwise, it is often difficult to know whether your spouse has had a change in income that might give rise to a modification of child-support.
Child-support is usually payable until the child turns 18 or graduates from high school by his or her 19th birthday. If there are two or more children and the oldest child turns 18 there is no automatic reduction in child-support. A petition for modification still must be filed.
Child-support can be modified even if the paying party does not reside in the state of Florida. In such proceedings, Florida law would apply including the Florida child-support guidelines.Contact a West Palm Beach Child Support Modification Attorney
If you have child support modification issues it is important to consult with an attorney. Please contact the Law offices of West Palm Beach Child Support attorney, Stephen J. Press at 561-833-2772 for a free consultation or contact us online.