Can a child support order be modified?

The law recognizes that an individual’s circumstances may change following a divorce. As such, so too may the circumstances as to the payment and amount of payment of child support as the needs of the child may change as they grow older. Florida law has adopted statutory guidelines regarding the amount of child support a non-residential parent must pay a residential parent. These guidelines are utilized in determining child support by following a straightforward procedure based upon specific calculations relating to the respective incomes of the parents.

Child support must be paid as long as the child is a minor or continues to be either mentally or physically dependent. The failure of a non-residential parent to pay their child support obligations can be quite severe, for example, loss of their state issued driver’s licenses, non-dischargeability in bankruptcy, IRS tax refunds can be intercepted or potential arrest. Though what is important to know is that child support orders can be modified, either upwards or downwards, upon providing proof to the court of any substantial change in circumstances affecting the supported child's welfare or the non-residential parent's ability to pay. Section 61.14(1) (a) (1), F. S. states that “either party may apply” for modification of child support. In addition, under Section 61.14(2)(a)-(k), F. S, the court takes into consideration a series of factors in making its determination to reduce or even terminate a child support order.

By Gina Silvestri, Esq.