Florida Child Support Modification Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed March 05, 2025

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When parents separate or divorce, they typically negotiate a child custody agreement. This agreement, or parenting plan, dictates which parent will ultimately pay child support.

Sometimes, parents agree on custody without the help of a family law attorney. Other times, they go to court, where a judge decides custody. Either way, once the parents resolve their custody issues, they must determine child support.

When the judge issues a child support order, it can remain in place until the children reach adulthood. Of course, this rarely happens. Circumstances change, and there's a chance the parents will change custody, which, in turn, will change the amount of child support.

Here, we will explain how to request a child support modification under Florida's child support law. We will also discuss how the Florida courts decide whether to grant your request for more (or less) support.

How Do the Courts Determine Child Support in Florida?

Ideally, parents will agree on which party will pay child support and how much the payments will be. If this isn't possible, the parties must go to court, where a judge will determine child support.

Federal law requires that every state maintain child support guidelines. According to Federal Regulation Title 45 §302.56, each state must publish its child support guidelines at least once every four years. Like 40 other states, Florida uses an income-shares model to determine child support.

Under this model, children should get the same proportion of their parents' income they had while their parents were together.

Florida's child support calculations depend on a host of factors, including:

  • The number of minor children the parties share
  • Gross income/net income of both parents
  • How many overnights the children spend with each parent
  • Whether either parent is paying for daycare
  • The amount of time each parent spends with their children
  • Other pertinent financial information

Essentially, the more overnights you have with your children, the less child support you'll have to pay. The court's primary concern is not how much support the parents want to pay. When determining child support, Florida family law courts care about the best interests of the child.

Once the court order is in place, the court will only modify child support if a parent can show a "substantial and ongoing change in circumstances." The burden is on the requesting parent to show such a change exists.

Why Would a Parent File a Child Support Modification Request?

The most common reason a parent would ask for a change in child support is because their child custody arrangement has changed. For example, if a parent goes from having their child five days a month to having them 15 days a month, they should pay less child support.

Or, if a non-custodial parent suddenly shares custody 50/50 with the other parent, they will likely request a decrease in child support.

Some of the other reasons a parent would ask for a modification of their child support obligations include:

  • Increase (or decrease) in education, health care, and childcare expenses
  • Job loss
  • A significant change in either parent's income

If the parent requesting the modification convinces the court that their circumstances have significantly changed, the judge will likely grant their request and issue a modified child support order.

Florida Child Support Modification at a Glance

The chart below gives an overview of child support modification law in Florida.

Statute

Florida Statutes Title VI: §61.14
Change in income
  • A decrease or increase in parental income
  • Florida law doesn’t set a minimum amount of change in income
  • The new child support obligation must be an increase/decrease of at least 15% or $50 (whichever is greater)
Change in parenting time

A substantial change in parenting time also justifies modifying child support. If there is a deviation between the court-ordered and the actual parenting plan, the courts can recalculate child support using the actual custody arrangement.
Change in expenses

Certain changes in child-related expenses can support a change in child support. For instance, the following:

  • Childcare: When the court incorporates childcare expenses into child support, any change in these expenses can justify a change in child support. But, the childcare expenses must be related to the parent’s employment needs. It will not justify a change in child support for a stay-at-home parent.
  • Spousal support/alimony: Spousal support and child support are interrelated. When spousal support ends, the court may consider it a basis for decreasing or increasing child support.
  • Additional child support orders: If the paying parent takes on more child support obligations, the court may entertain their child support modification request.
  • Taxes: If a parent’s payroll taxes increase or decrease, they can petition the court to modify child support.
  • Health insurance for children or parents: If either parent becomes newly responsible for paying health insurance, it may justify reducing child support.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, please consult a child support attorney or conduct legal research to verify your state laws.

Speak With a Florida Attorney about Your Child Support Modification Case

If your situation has changed and you need to modify your child support order, speak to a local attorney. A Florida child support lawyer can help you navigate Florida's child support laws and get the modification you deserve.

Florida Child Support Modification: Related Resources

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