Florida Child Support Modification Laws
Created by FindLaw's team of legal writers and editors | Last reviewed April 02, 2018
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Child support payments are based on factors including parental income and the costs of other expenses. Since these factors can change, it's possible that these changes could result in a modified child support order. For instance, suppose a father pays a mother $1,000 a month for child support; however, he has recently lost his job and can no longer afford the payments. A solution to the issue is that the father can file for a child support modification which could reduce his support obligation.
Florida courts calculate child support according to an "income shares" model. This means that the court will try to estimate the amount of money that the parents would've spent on the child had they remained together; the estimated amount is divided between the parents based on their incomes. The court uses state guidelines to arrive at a child support order and the amount is presumptively correct; the court typically must order the amount provided for according to the guidelines.
Once the order is in place, child support can be modified only if a parent can show a "substantial and ongoing change in circumstance." The burden is on the requesting parent to show such a change exists such as a shift in income, parenting time, or with certain expenses.
Florida Child Support Modification at a Glance
It's important to recognize the significance of the literal interpretation of a statute, but it's also beneficial to refer to a legal explanation that is written in a relatable manner. The chart below gives an overview of child support modification law in Florida.
Statute |
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Income changes |
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Parenting time changes |
A substantial change in the pattern of parenting time supports modification of child support. If there is deviation between the parenting plan and the actual parenting plan in practice, then the courts can recalculate child support based according to the actual parenting pattern as currently exercised by both parents. |
Change in expenses |
Certain changes in child associated costs can support changes in child support. For instance, the following:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Florida Child Support Modification: Related Resources
- Florida Child Custody Laws
- Child Support Modification FAQ
- Child Support Modification Tips
- Can I Change a Child Support Order After Changing Jobs?
Speak with a Florida Attorney about Child Support Modification
If your situation has changed and you need to modify your existing order, consider speaking to a local attorney. A child support attorney can help you navigate through the complexity of Florida's child support modification laws.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.