How to request child support modification

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.

OR

• 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.

            OR

• 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:

1. An in-office negotiation — known as the Child Support Review Process (CSRP)
2. 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.

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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 to change the method of payment of alimony collected by court order? - Lawyer in Samara and Moscow - representation in court and legal services

HomeQuestions and answersFamily law How to change the method of payment of alimony collected by court order?

To change the method of payment of the collected alimony, you must file a lawsuit in court.

Methods of payment of alimony collected by court decision
When collecting alimony by court decision, the following methods of payment are possible: in shares of the parent's income, in a fixed amount of money, or simultaneously in shares and in a fixed amount of money. nine0007 As a general rule, maintenance for minor children, in the absence of an agreement on their payment, is collected by the court from parents on a monthly basis in the following amount: for one child - 1/4, for two children - 1/3, for three or more children - 1/2 of the parents' income . In some cases, the court may determine the amount of alimony in a fixed amount of money or simultaneously in shares and in a fixed amount of money. In particular, this is possible when the parent paying alimony has an irregular, changing income, or receives it in kind or in foreign currency, or he has no income (clause 1, article 81, clause 1, article 83 of the RF IC). nine0003

Procedure for changing the method of payment of collected maintenance
Collection of maintenance in shares of the parent's income does not prevent the recipient of maintenance from demanding their collection in a fixed amount of money or simultaneously in shares and in a fixed amount of money.
To do this, in the event of a change in the financial or marital status of one of the parties, the recipient of alimony must file a statement of claim with the court, and not an application to change the method and procedure for the execution of the court decision. At the same time, a change in the financial situation of parents in itself cannot limit the child's right to necessary and decent maintenance and is not an unconditional basis for reducing the amount of alimony (Article 119RF IC; paragraph 58 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26, 2017 N 56; p. 3 sect. III Review, approved. Presidium of the Supreme Court of the Russian Federation on May 13, 2015; Appeal ruling of the Moscow City Court dated July 22, 2020 in case No. 33-18622/2020).
To file a claim, we recommend that you follow the following algorithm.

Step 1. Prepare the statement of claim and the necessary documents
The statement of claim should indicate (Part 2 of Article 131 of the Code of Civil Procedure of the Russian Federation):
the name of the court in which the claim is filed; nine0007 information about the plaintiff: last name, first name, patronymic (if any), place of residence, and, if desired, a contact phone number and e-mail address. If the claim is filed by a representative, similar information about him is also indicated;
information about the defendant: last name, first name, patronymic (if any), place of residence, and, if known, date and place of birth, place of work and one of the identifiers (in particular, SNILS, TIN, series and number of an identity document driver's license, vehicle registration certificate). A contact phone number and e-mail address are also optional. nine0007 your claims, the circumstances on which you base your claims and the evidence supporting them;
information on actions taken by the party (parties) aimed at reconciliation, if such actions were taken;
list of documents attached to the statement of claim.
Evidence substantiating the claims of the plaintiff may be, in particular, documents confirming the financial situation of the parties (for example, information on wages, business income, benefits, payments, property, etc.), evidence indicating that the payer of alimony minor or disabled adult children or other persons whom he is obliged to support by law, evidence indicating the disability of the alimony payer (paragraph 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 56). nine0007 When considering such cases, the courts, as a rule, assess whether the amount of alimony paid is sufficient for the full maintenance of minor children with the maximum possible preservation of the previous level of support for them (paragraph 3 of section III of the Review; Resolution of the Presidium of the Moscow City Court dated 10.07.2018 in the case N 44g-218/2018).
Claimants in claims for the recovery of alimony are exempted from paying the state duty, which in this case is paid by the defendant.
In the event of filing a claim for a change in the amount of alimony established by the court, the alimony payer pays the state duty in an amount that depends on the value of the claim (clause 1, clause 1, article 333.19, pp. 2, 8 p. 1 art. 333.20, paras. 2 p. 1 art. 333.36 of the Tax Code of the Russian Federation; p. 6 h. 1 art. 91 Code of Civil Procedure of the Russian Federation; paragraph 5 of the Decree of the Plenum of the Supreme Court of the Russian Federation N 56).

Step 2. File a claim with the court and wait for the court's decision
When filing a claim on paper, it must be printed and signed. The claim can also be filed electronically on the official website of the court, subject to the technical possibility for this in court (part 1.1 of article 3, part 4 of article 131 of the Code of Civil Procedure of the Russian Federation; part 4 of article 12 of the Law of 06/23/2016 N 220 -FZ). nine0007 A statement of claim for a change in the method of payment of the collected alimony is filed with the district court. In this case, the application of the alimony recipient is filed with the court at the place of residence of the alimony recipient or payer.
If the claim is filed by the alimony payer, then the application should be submitted at the place of residence of their recipient (Articles 24, 28, parts 3, 10 of Article 29 of the Code of Civil Procedure of the Russian Federation; clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 56).
As a general rule, these cases are considered and resolved by the district court before the expiration of two months from the date of receipt of the application to the court. At the same time, depending on the complexity of the case, the term for its consideration may be extended by no more than one month. nine0007 The court decision enters into legal force after a month from the date of its adoption in final form, if it has not been appealed (parts 1, 6 of article 154, part 1 of article 209, part 2 of article 321 of the Code of Civil Procedure of the Russian Federation; p 1 Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 26, 2008 N 13).
A writ of execution is issued at the request of the recoverer and, at his request, is sent for execution (part 1 of article 428 of the Code of Civil Procedure of the Russian Federation).

The material of the article is taken from open sources