How to get more child support in florida

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

How Can I Request a Child Support Modification in Florida?

16 Jan Child Support Modifications: Petitioning a Miami, Florida Family Court

Have your child’s support needs risen from the time that you were first awarded support payments? Has your child’s other parent experienced a large increase in their standard of living and your shared child’s remained the same?

Child support remains a very common element in divorced families and co-parenting situations. A child support order is initiated within the courts and often enforced via the Florida Department of Revenue. Frequently, situations change prompting and alteration to the child support arrangement, this is referred to as a child support modification. There are several reasons a modification may be made as well as methods to go about initiating the process.

A Child Support Modification

Simply defined, a child support modification is a change to a child support agreement that is approved by a judge. Either parent can submit a request for a support modification, so long as there are grounds to support it. The change to the agreement must be approved by the judge prior to it being put into place. Modifications can be made based on a temporary basis or as permanent changes. Both modifications require a change, whether temporary or permanent, in the situation of either co-parent.

Why Request a Modification?

There are multiple reasons that a child support modification may be requested. Income remains a huge component of how child support is determined. As such, any significant changes in income are grounds for a modification to a child support order. If a parent loses their job or experiences a drastic income drop, they may find themselves in a situation where they are simply unable to make their child support payments in full. This type of situation represents a financial hardship that warrants a change to a child support order. An income increase can also warrant a child support modification. A new job with greater income can represent ground for a change in the child support order. And, if one of the co-parents marry, greatly increasing the household income, a child support modification may be awarded.

A modification may be indicated if a child’s needs change profoundly. For example, if a child is diagnosed with an illness that requires special care and medical treatment, the child support order may need to be modified to allow for this expense. Or, if a child recovers from an illness, a decrease in child support may be warranted. It’s important to understand that the court does not consider luxury items when evaluating a child support order. Luxury items like private school tuition, extracurricular activities and other non-essentials don’t represent the basic needs of the child and as the court will not recognize such.

If either parent develops a long-term disability, a change in income may result. This type of situation may lead to the need for a child support modification.

Any changes in child support law may require a child support modification. Changes or increases in cost of living are also grounds to initiate a modification.

Temporary situations are also grounds to make a modification in child support. For example, a medical emergency, temporary lay-off, or any other temporary financial hardship represent reason for a change in child support. Temporary modifications are allotted a specific amount of time by the judge before another modification will need to be made, or the previous arrangement is put back into place.

How to Initiate a Modification

Consulting the advice of an experienced family law attorney may be the best, and most logical first step in initiating a child support modification. An attorney can lay out your options and can determine if there are realistic grounds for a modification. Further, he/she can walk you through the entire process and any court proceedings.

A family law attorney may first suggest that you discuss the child support modification with the other parent. If the two of you can come to your own agreement, the entire process is much simpler. A modification of the original agreement is made in writing and then presented to the judge. If both parents agree to the new terms and the new arrangement is fair, the evaluation process of the judge is much more simplified. As long as the child support amount coincides with the state guidelines, the modification has a great chance of being approved.

If both parents disagree about the terms of the modification, one of the parents must ask for a modification hearing in the jurisdiction in which the original agreement was drafted. In this type of situation, both parents are provided with the opportunity to present evidence to support their position as well as argue about why the modification is or is not appropriate. The parent who requests the change will have to prove that something about their situation has changed; job, income, illness, etc. The court will review the testimony from both parties and make a determination as to the modification.

The Court Process for Petitioning for Higher Child Support Payments in Florida

In order to request a modification of child support payments in Florida Family Court, you must first draft a modification pleading that specifically requests higher child support payments. Next, you will need to provide proper notice to the other parent of the petition. After that is complete you will need to set a hearing with the Florida Family Court (in Miami-Dade it is the 11th Circuit. At the hearing, you will need to put on a showing of substantial evidence to the family court in support of the child support modification.

Don’t Wait to Initiate a Support Modification

If, as the paying parent, you find yourself in a situation where you are unable to make the payments, be sure to make a modification request right away. If you fail to make your payments without notification to the court, not only does it reflect poorly on you, but the payments don’t go away. Eventually, you will have to pay them. They are unable to be discharged in bankruptcy, and the judge is unable to go back and make a reduction based on your situation. First attempt to agree to a modification with the other parent. If the other parent is not agreeable, it’s really important to file for a modification as soon as you are unable to make your payments. This can help you by ensuring that you don’t find yourself in a predicament with thousands of dollars owed without the financial means to pay it back.

Time Limits

Child support modifications are not made with the intentions of being frequent occurrences. Most states have time limits set in place to prevent parents from making modifications too frequently. Some time limits are as long as five years depending on the nature of the request. If a request is to be made, the court wants to ensure that it is legitimate, warranted and that an additional request is not going to be made very shortly after unless there is a significant change of circumstances that were not anticipated at the time of the prior modification (or initiation) of support payments.

As with all family legal situations, the advice of a family law attorney is recommended. Divorce, child support and child custody issues all represent complex, and very involved legal cases. Having professional aid can ensure that your needs are met in court.

If you have any questions regarding an upward modification of the other parent’s child support payments, feel free to give our Miami Family Law firm a call at +1.786.309.8588.

Incoming Search Phrases Related to Child Support Modifications:

court for more child support
can ask more child support
how to request more child support
how to file for more child support
how to get more child support
how to get more child support money

How to get alimony from a mobilized person, October 2022 | v1.ru

All news

Where am I? What happened with me? It hurts!”: a woman was knocked down at a pedestrian crossing in the center of Volgograd

Why the decree on partial mobilization has not been canceled: the Kremlin’s response

I still can’t understand what happened: a schoolboy from Volgograd will go to conquer the North Pole

10 thousand - ideally: it became known how in Volgograd they will pay incentives to the National Guard

Near Volgograd, the shores of a rehabilitated erik are washed away in the Volga-Akhtuba floodplain

Everyone is doing it wrong: how to perfectly cook eggs in the microwave in just 44 seconds

They promise a grand show: we look at how the center of Volgograd is being prepared for the celebration of the victory at Stalingrad

Drug addict and erudite. The story of teenagers who tragically died in the center of Novosibirsk: she fell off the roof, and he just walked past0003

“He just didn’t manage to get his wife out, she collapsed”: an emergency two-story building burned to the bare walls in Volgograd

“Everything will be as it should be - with uniforms and orders”: a monument to Stalin will be opened in Volgograd

Changed parties in clubs to a hijab. A manicurist from Russia moved to Turkey and converted to Islam for her husband — a story

“For the sake of the president’s safety?”: Volgograd introduced a ban on the transportation of dangerous goods0003

Spring came a month earlier: weather forecasters told whether to expect snow in Volgograd in January

Who is from the Ministry of Internal Affairs and who is from the Federal Penitentiary Service? A difficult test of knowledge of the heads of Russian law enforcement agencies

The Kremlin explained why the decree on partial mobilization continues to be in force

We thought the war had begun: eyewitnesses filmed a terrible fire that destroyed an apartment building in Volgograd

"Let's encircle the Wehrmacht": in Volgograd will again play the war on Mamaev Kurgan

The largest kokoshnik in Russia was made in a psycho-neurological boarding school near Volgograd

An amazing buffet menu appeared in Volgograd - every dish makes you want to take pictures

“I lost one and a half liters of blood”: a 26-year-old worker had both hands torn off at the machine a week before the New Year

The body of a burnt woman has already been found: a fire destroyed an apartment building in Volgograd

In Volgograd, parents of preschool children tasted and learned how to cook dishes from the kindergarten menu

Damage of about a million: an electronics store was robbed in the Volgograd region

“He really tried”: five cars collided in the center of Volgograd at once doctors told about the condition of the victims in an accident with a minibus in Volgograd0003

Golden player of "Rotor" detained in Minsk

The HRC proposed to cancel OSAGO. What experts think about it

“It’s beneficial for someone”: General Bastrykin demanded to report on the bankruptcy of SNT near Volgograd

“One of the tentacles of the Volga octopus”: everything that is known about the detention of a Volgogradzelenkhoz official

Europe and Britain have gathered deliver tanks to Ukraine: main news around the NVO for January 22

Blocked 2 lanes: Audi rammed an ambulance in the center of Volgograd0003

“My classmates looked completely different”: look at the photo of the daughter of billionaire Khudyakov – you won’t believe that she is only 16 years old

The manager changed the kitchen beyond recognition: it took her a week and 10 thousand – look “before and after”

They were accused of supporting Kyiv: in the center of Volgograd, the communists were shot with a pepper pistol

"Graves passionately attract." Private detective - about how people have sex in the cemetery, and about the rape in the crypts

All news

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

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. 74.RU discusses different situations with a lawyer. nine0089

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. nine0089

According to Irina Zaitseva, Senior Associate at Filatov & Partners Law Firm, the procedure for collecting alimony from those mobilized remained the same as 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. nine0089

- 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 / 74.RU

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 request 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. nine0089

The delays that are happening now, the lawyer connects with a large number of bailiffs mobilized and 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. nine0089

— 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. nine0003

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. nine0089

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

news from the story

Subscribe to important news about the special operation in Ukraine

— 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. nine0089

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

November 28, 2022, 09:00
“The child just went to work.” A 17-year-old guy was charged taxes for his father, who died 15 years ago
January 13, 2023, 10:00
A man sued the tax office for two years for an overpayment nine years ago. And he returned his money with interest
August 18, 2022, 08:00
Is this even legal? After the father's death, the daughter sued for inheritance with his common-law wife for more than a year
October 14, 2022, 08:00
Summons instead of a trip: is it possible to leave Russia if you were stopped by border guards
October 06, 2022, 12:00
Print apartment and pick up from work: what the military commissar cannot do

Svetlana Talipova

columnist

AlimonySpecial operationMobilizationPartial mobilization

Did you see a typo? Select a fragment and press Ctrl+Enter

COMMENTS8

Read all comments

What can I do if I log in?

Media news2

How to get alimony from the mobilized, October 2022 | 74.

Why the decree on partial mobilization has not been canceled: the Kremlin's answer

Two scammers exchanged a quarter of a million from elderly people in Chelyabinsk for joke bank tickets

“Wedges and starts shooting at people”: residents of the North-West told the police about shooting at the windows

“Moskvich-3e” turned out to be hot: the power and range of the Russian version is higher than that of the Chinese

Drug addict and erudite. The story of teenagers who tragically died in the center of Novosibirsk: she fell off the roof, and he just walked past

Everyone is doing it wrong: how to perfectly cook eggs in the microwave in just 44 seconds

doctor due to the blocking of the portal of the Ministry of Health

“The chest was almost square”: 4 stories of incredible plastic surgery that costs millions — before and after photos

OMK’s corporate newspaper was recognized as the best industrial publication in 2022

Additional Orlan flights will be launched between Chelyabinsk and Yekaterinburg

The Kremlin explained why the decree on partial mobilization continues to operate

Bastrykin demanded to initiate another criminal case after the death of a Chelyabinsk girl under the wheels of a minibus

Sections of the Chelyabinsk-Troitsk highway will be completely closed for 40 minutes

In the Chelyabinsk region, they said goodbye to the twice convicted fighter of the Wagner PMC, who left the colony for the NVO

Who is from the Ministry of Internal Affairs, and who is from the Federal Penitentiary Service? A difficult test for knowledge of the heads of Russian law enforcement agencies

34 people are extinguishing: a large fire broke out at an elevator in the Chelyabinsk region

A 66-year-old motorist was injured in an accident involving three cars on Lenina Prospekt

After an outbreak of hepatitis A, a Chelyabinsk cafe was closed for two months nine0003

Changed from partying in clubs to hijab. A manicurist from Russia moved to Turkey and converted to Islam for her husband — a story

“We live in the same house”: Natalya Kotova urged businessmen to connect to snow removal industrial internet of things

Don’t wait for tourist cashback: resorts have offered another way to save on a ticket

ChEMK will save the school of domestic electrometallurgy

Natural wood floors are being laid in new buildings in Chelyabinsk — how long do they last

“I don’t leave less than a thousand at the grocery store”: checking readers’ statements about a sharp rise in food prices meals for those in need

Taz-almaz: AVTOVAZ plans to produce purely Russian electric vehicles at a plant in St. Petersburg

Due to an accident with a wounded man on the M-5 in the Chelyabinsk region, a reverse movement was introduced

The driver of the "Seven" crashed into a pole and died in the West

Europe and Britain were going to supply tanks to Ukraine: the main news around the NVO for January 22

A child was run over by a car while crossing the road near a pedestrian crossing in the North-West of Chelyabinsk My classmates didn’t look like this at all”: look at the photo of the daughter of billionaire Khudyakov – you won’t believe that she is only 16 years old

The manager changed the kitchen beyond recognition: it took her a week and 10 thousand – we look “before and after”

"Graves are passionately attracted. " Private detective - about how people have sex in a cemetery, and about rapes in crypts

A schoolgirl left her home in Chelyabinsk and went by car to the south of Russia

The neural network turned popular films into anime. Can you guess them?

The head of the Duma Committee on Education spoke about Dmitry Vyatkin's proposal to exclude the Gulag Archipelago from the school curriculum.

Foods and drinks that are dangerous to combine with alcohol. What Doctors Say

All news

Partial mobilization does not relieve fathers from the obligation to support their children, but there is a deferment option

Photo: Artem Lents / NGS24.RU

After the announcement of partial mobilization in Russia, the problem of non-payment of alimony aggravated. 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. nine0089

Photo: Elena Latypova / NGS55.RU

— 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. nine0089

- 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).

Photo: Elena Latypova / NGS55.RU

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

Photo: R74.fssp.gov.ru

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

news from the story

Subscribe to important news about the special operation in Ukraine

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

November 09, 2022, 08:45
Can a mobilized person get his driver's license back if he is deprived of it? Auto lawyer answers
October 10, 2022, 11:38
The administration of Chelyabinsk named the number of mobilized children who applied for payments for children
September 26, 2022, 17:04
Who will pay child support if the father was called up for mobilization? The lawyer answers
December 19, 2022, 08:01
In Chelyabinsk, a pensioner was charged with a debt of 30 thousand for electricity in a communal apartment, which she sold two years ago
November 22, 2022, 08:50
“The child just went to work.
Learn more