How can i get more child support money

Florida Dept. of Revenue - Changing a Support Order

An order to pay child support can be changed (or modified) by the court or administrative agency that issued the order if the circumstances of either parent change after the order is issued. Until an order is changed, terminated or vacated, the amount ordered is owed and legally enforceable. To understand how the law applies in your situation, you should seek legal advice from a licensed attorney.

Do I Qualify for a Review of my Child Support Order?

How to Request a Change to a Support Order

Either parent with a child support case can ask the Child Support Program to review their support order to see if the order should be changed. Parents can also file a petition in circuit court to change their support order.

What Happens When You Ask the Child Support Program to Review Your Support Order

First, the parent making the request gives their financial and other information to the Child Support Program for review. Once this information is received, the Program contacts the other parent to obtain their information. The Program reviews the parents' information to determine if there is a substantial, permanent, and involuntary change, or it appears there are other legal grounds to change the order. When the Program completes the review, it mails the results to both parents.

If the Program Determines the Order Should Change

If the review shows the order should be changed, the Program may start a proceeding to change the order. The steps to change an order depend on whether the order is a court order, an administrative support order issued by the Program or if another state issued the order. To change a court order, the Program involves a Program attorney who handles the court action. To change an administrative support order, the Program starts by notifying the parents of the proceeding to change the order. Parents are entitled to a formal hearing before a court or administrative order is changed.

If the support order was issued by another state, that state may need to review and modify the order, if appropriate. If that is the case and you make the request to the Program, we will forward your request to the other state.

If the Program Determines the Order Should Not Change

If the Program determines the order should not change, we notify the parents of our decision and take no further action.

What is a Change in Circumstances?

The parent seeking to change (or modify) a support order has the burden to prove a change in circumstances. In most cases, before an order can be changed, a parent's change in circumstances must be substantial, permanent, and involuntary.

If it has been less than three years since the support order was issued, reviewed or changed, a substantial change means that the change in circumstances would cause a change in the order amount that is at least 15 percent but not less than $50. If it has been more than three years since the support order was issued, reviewed, or changed, a change in circumstances means the change would cause a change in the order amount of at least 10 percent but not less than $25.

A permanent change in circumstances depends on the specific facts of the case. In most cases, to prove a permanent change, one must show the change has lasted for six months or more. Temporary or short-term changes are not enough to prove a lasting, permanent change. For example, a loss of employment is not a permanent change if you expect to find new employment. In some cases, a parent may be able to prove a permanent change right away; for example, a severe, life-changing injury or illness or retirement at the normal retirement age.

An involuntary change, comes about through no fault of the parent, like an extended illness or employment layoff. A voluntary change is a result of the parent's own choices. A voluntary change does not meet the standard for a support order to be changed. Examples of voluntary changes include quitting a job, being terminated for reasons within the parent's control, taking a lower paying job, or engaging in criminal conduct that results in incarceration.

Note: A support order change (modification) involves applying the law to the specific facts of the case. The general principles here are only a partial statement of the law and are not legal advice. Only a licensed attorney is authorized to provide legal advice based on the specific circumstances of your case.

Other Resources

Either parent can file their own petition in circuit court to change (modify) a support order. You can hire a lawyer of your choosing or file your own petition and represent yourself. Other resources you may find helpful include:

Florida Courts Self-Help Page for Child Support
Find a Florida Courts Self-Help Center Near You
Florida Courts Self-Help Resources
Download the Florida Courts Help App | Google Play Store | Apple App Store
Florida Bar Legal Referral Service
Florida. FreeLegalAnswers.org

Support Modification Process | Office of the Attorney General

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If your circumstances have changed, your order may be eligible for review and modification. Here’s what to expect when you request for a modification of your child support order.

Click here to learn the steps in the modification journey

How do I request a review?

If you have an active/open child support case, you can submit an official Request for Review of your court-ordered amount.

Click here to learn about the steps in the modification journey.
Click here to complete an online modification request.

Only 1 modification request should be submitted, any additional requests can create a delay in processing.

Or click here to download, complete, and mail the "Request for Review" form to the Child Support Division.

Send the completed form to:

Office of the Attorney General
Child Support Division
P.O. Box 12017
Austin, TX 78711-2017

ELIGIBILITY FOR A MODIFICATION

Your child support order is eligible for modification only if one (or more) of the following is true:

The order was established/last modified more than three years ago; and
The monthly amount of the child support order differs by either (a) 20% or (b) $100 from the amount that would be awarded, according to child support guidelines.

A material and substantial change in circumstances has occurred since the child support order was last set.

WHAT IS A "MATERIAL AND SUBSTANTIAL CHANGE IN CIRCUMSTANCES"?

In relation to receiving a payment modification, this phrase applies to one of these situations:

The noncustodial parent's income has increased or decreased.
The noncustodial parent is legally responsible for additional children.
The child's (or children's) medical insurance coverage has changed.

The child (or children) are now living with a different parent.

HOW TO CHANGE A CHILD SUPPORT ORDER

There are only two ways a child support order can be changed:

An in-office negotiation — known as the Child Support Review Process (CSRP)
Court hearing

Informal agreements between parents do not change the court-ordered amount. That can be changed only by a court hearing or the CSRP.

COULD MY PAYMENT AMOUNT GO UP IF I REQUEST A MODIFICATION?

Yes. It is possible that the amount of child support you are ordered to pay could go up.

Modifications are based on the noncustodial parent's current income. If you are making more money now than you were when the child support order was established or last modified, the court may increase the amount of child support you are ordered to pay.

Visit the Child Support Calculator. Enter your current income to estimate what your child support payment might be.

How to get help from the state if the mother or father does not pay child support

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What payments can a parent who does not receive support receive. What documents are needed to apply for benefits to families in which the father or mother does not pay alimony

How to get reimbursement for rising costs of living

Which children are eligible for the cost of living reimbursement. How long can you get paid. How to make payment
How to get a food allowance

Who is compensated for the increase in the cost of food. How long can you get paid. What documents are needed and where to apply

How to get child support from a mobilized person - October 10, 2022

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Partial mobilization does not release fathers from the obligation to support their children, but there is an option to postpone it

Photo: Artem Lents / NGS24.RU

After the announcement of partial mobilization in Russia, the problem of non-payment of alimony has become more acute. Now the military has the right to apply to the bailiffs with a statement on the suspension of enforcement proceedings, respectively, for the duration of the service, all transfers can be paused. But even if such a statement is not written, it is now difficult for women to get money from the places of service of ex-husbands. We discuss different situations with a lawyer.

Photo: Elena Latypova / NGS55.RU

The source of income has changed for those mobilized and simply sent to serve under a contract, and for those to whom they pay alimony, this has become a problem. Irina, a resident of Tyumen, shared her story. Her ex-husband, a pensioner from the Ministry of Internal Affairs, signed a contract with the Ministry of Defense on June 30.

— I received alimony from my pension, and now I received a notification that he was reinstated in the service. The Ministry of Internal Affairs now does not pay me alimony, and I also do not receive anything from the income that he now receives in the service, ”says Irina. - She came to the bailiff, she said: "I don't know what to do with you." I went to the military registration and enlistment office, they say that they don’t send any documents anywhere, this is not their duty. In Yelan, where he was sent for training, they gave him the number of the unified settlement center of the Ministry of Defense of the Russian Federation, they say: “We will accrue [alimony] only if the original documents are sent to us by mail.” And no one gives me the original documents as an ordinary citizen. It turns out that I have been fighting for a month and I can’t get anything - a vicious circle, you don’t know which doors to knock on.

According to Irina Zaitseva, senior lawyer at Filatov & Partners law firm, the procedure for collecting alimony from mobilized persons remains the same as it was before the announcement of partial mobilization, in accordance with the Family Code of the Russian Federation. If the debtor is in the service, there are several options for transferring alimony. When this is done voluntarily, the soldier can send money himself, but with this option there may be some difficulties, for example, there may be no connection and the ability to connect to a mobile bank. The second option is to issue transfers through the employer.

- In this case, the debtor refers the writ of execution to the employer, and all payments are made through a single settlement center of the Ministry of Defense, - explains the specialist.

Photo: Ekaterina Tychinina

In cases where alimony has to be collected through the FSSP, the lawyer advises contacting the bailiff and insisting that he find the debtor and establish his new place of work (service).

“A woman herself cannot request data from the military registration and enlistment office, but this can be done by a bailiff, he has broad powers, they can ask for a lot, get it, you just need to make an effort,” says Irina Zaitseva. - If there is no action on the part of the bailiff, you can write a complaint about inaction to the head of the district department of the FSSP or go to court with an administrative claim and recognize the inaction of the bailiff as illegal.

The delays that are happening now, the lawyer connects with a large number of bailiffs mobilized and still insufficient experience in the current conditions. Maybe things will settle down in the near future.

Photo: Elena Latypova / NGS55.RU

However, those who receive alimony by court order may already face a new problem. Recently, enforcement proceedings against military personnel can be suspended at their request - including alimony. To do this, it is enough for the debtor to fill out an application at the military registration and enlistment office, at the department of the Federal Bailiff Service or through the State Services. Moreover, even close relatives of the debtor can now submit such an application.

— Suspension of enforcement proceedings against military personnel is of a declarative nature, that is, a citizen, in accordance with Part 2 of Article 40 of the federal law “On Enforcement Proceedings,” has the right to apply for a temporary suspension of enforcement proceedings in connection with military service, — commented in the management of the Federal bailiff service in the Chelyabinsk region. - Enforcement proceedings are suspended until the circumstances that served as the basis for its suspension are eliminated, and until it is resumed, the application of enforcement measures is not allowed.

This message pops up on the website of the Office of the Federal Bailiff Service for the Chelyabinsk Region

Photo: R74.fssp.gov.ru

will write off payments, charge him penalties and fines. But this does not relieve the parent of the obligation to pay alimony - the debt will still accumulate, and after the end of the service, when the enforcement proceedings are resumed, it will have to be paid off.

In the event of the death of the debtor, the debts will have to be collected from the heirs.

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— If a person dies, enforcement proceedings are terminated due to the death of the debtor, but do not forget that debts are also inherited, — reminds the lawyer. “Even if the claimant has not found an heir, he can file a lawsuit against the estate if he knows that the debtor had an apartment or some other property. The courts accept such claims, search for heirs, and this way you can collect a debt.

Earlier, the lawyer explained that the obligation to pay alimony is not removed from the parents called up for service on partial mobilization.