How to update child support

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.

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

Situations are named when you can not pay child support to a child under 18 - Gazeta.

Situations are named when you can not pay child support to a child under 18 - Gazeta.Ru | News

September 08, 2022, 11:47

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The law obliges parents to pay child support to their children until the age of majority, however, there are situations when you can not transfer money to a child under 18 years of age. Victoria Bessonova, a lawyer and founder of the BonaFides law office, told Gazeta.Ru about this.

“Parents can decide on their own that one of them is responsible for the full provision of the child. I recommend to another parent to immediately be alert if they receive a message requesting alimony, no matter how - by registered mail or through social networks. Such a message can lead to the recovery of alimony from the time it was received and up to three years (the statute of limitations). One of the options for an amicable solution to the issue is the termination of the previously concluded notarial agreement on the payment of alimony,” the expert warns.

The lawyer also informs that the parent is exempted from paying child support if the child began to live with him. In this case, if the support was awarded by the court, you should apply for their cancellation (and, possibly, collect support from the other parent).

“The Family Code of the Russian Federation provides the court with the opportunity to release a person from paying alimony already collected or reduce their amount (Article 119). The law does not contain age restrictions. But we must remember that the obligation of parents to support their children is basic. Exemption from this obligation means increasing the burden on the other parent or placing that burden on the state. Such a decision requires extremely exceptional circumstances. For example, the stay of a disabled debtor below the poverty line,” explains Victoria Bessonova.

In addition, the expert informs that another case of exemption from the payment of alimony is related to the adoption of a child: “The exception is cases if the biological parent of the opposite sex with the adoptive parent demands to retain the legal relationship with the child, personal non-property and property rights. Simply put, the right to educate, communicate, live together, inherit.

Previously, lawyer called the condition when a child over 18 is entitled to alimony.

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How to file for child support after a divorce: step-by-step instructions and legal advice

Relationships

Divorce Lawyer Primorsky Territory Administration

“My husband left the family 7 months ago. We have not officially divorced yet, but I plan to do it in the near future and immediately apply for alimony - our child is 12 years old. Tell me, what documents are needed for this and is it possible to apply for alimony through the State Services portal? Nadezhda, 37 years old

According to the Family Law of Russia, alimony for the maintenance of a child is collected by the court every month until the child reaches the age of 18. If the parents have not signed the agreement, then the amount of payments is calculated as follows:

for one child - one quarter;
for two children - one third;

The court has the right to determine the amount of alimony collected on a monthly basis, in a fixed (fixed) amount, or both in shares and in a fixed amount, if the parent who is obliged to pay alimony,

has irregular, changing earnings,
receives earnings in whole or in part in kind or in foreign currency,
he has no earnings, one of the parties.

How to file for child support after a divorce

The parent who lives with the minor child applies to the court. The order of recovery can be writ or claim. Command - easier and faster. A lawsuit is required if at the same time it is necessary to establish paternity, involve other persons or establish alimony in a fixed amount.

To issue a court order, the parent must apply to the justice of the peace, the order of action proceedings is considered by the district court. The recovery of alimony is not subject to state duty.

Alimony as a share of earnings

Collection of material payments for the maintenance of a minor child as a share of earnings is beneficial if the parent has a permanent job and a good official income. The application is submitted to the Magistrate's Court at the place of residence of the recoverer or at the place of residence of the debtor.

To determine the district of the justice of the peace, you can use the module of territorial jurisdiction, for example, on the portal of the State Autonomous Institution "Pravosudie" and other official websites.

What documents are needed to apply for alimony

A copy of the debtor's passport.
Copies of marriage and divorce certificates.
Copy of the child's birth certificate.
Certificate from the place of residence stating that the child lives with the claimant.
A copy of the power of attorney if submitted by the parent's representative.

The judge issues a court order within five days from the date of receipt of the application without calling the recoverer and the debtor and conducting a trial. A copy of the order is provided to the debtor, who, within ten days from the date of receipt, has the right to file objections regarding its execution.

Photo: Aleksandr Davydov / Alamy

Alimony in hard cash

If the child support payer is unemployed or has unofficial income, he or she must be charged a fixed amount of support and file a claim with the district court of the plaintiff's place of residence or the defendant's place of residence.

A claim for alimony before filing with the court must be sent to the defendant by registered mail with a notification with a description of the attachment, and the sending documents must be attached to the claim that is filed with the court.

What documents are needed to apply for maintenance

Statement of claim and a copy to mark acceptance (if the claim is filed in person).
Documents on sending the claim to the defendant.
Copies of the plaintiff's and defendant's passports.
Copies of marriage and divorce certificates.
Copy of the child's birth certificate.
Certificate from the place of residence that the child lives with the plaintiff.
Evidence of the defendant's earnings.
Calculation of expenses for a child with checks and receipts attached
Evidence of the validity of the claims (justification of the amount of alimony, the plaintiff's earnings, if any, being on maternity leave, on parental leave, etc. )

How to apply for alimony through the "Gosuslugi"

You can apply for alimony through the "Gosuslugi" portal. To do this, you must fill out the application form offered by the "Gosuslugi" resource and attach the necessary documents. Also, an application for the recovery of alimony can be submitted through the GAS "Justice" application or brought in person to the court.

Director General of AuditConsult LLC, lawyer, accountant, tax consultant.

Personal website

You can apply for alimony through the State Services, but you need to clarify a few points. A verified account on the portal can be used to enter the GAS "Justice", through which documents are sent to the court. On the portal itself, you cannot apply for alimony.

If you have a standard account, you will not be able to log in through the Pravosudie GAS.
Only documents are submitted online, meetings will be held in any case. But you can file a petition for a trial in absentia.
The plaintiff or his representative has the right to send an application.
Through GAS "Justice" you can file a claim or an application for a court order. It all depends on the order in which alimony is collected - through action or writ proceedings.

Advice: If possible, it is better to collect alimony through writ proceedings. Unlike the claim, where the case is considered for a month, the order is issued within five days from the date of receipt of the application (Article 126 of the Code of Civil Procedure of the Russian Federation).