Custody impacts support.
Sole custody impacts the amount of child support paid by the non-custodial parent to the custodial parent for the child’s living expenses. A lawyer can help with child support in Florida in accordance with the Florida Child Support Guidelines, based on the financial verification documents that both parents submit at the time of a divorce action. If one spouse has a drastic change in income after the finalized divorce, the affected spouse is allowed to go back to court to request action to increase or decrease the amount of child support, or if custody of the child shifts where one party incurs more expenses by having more time with the child, any significant changes to income or added expenses must be filed on newly prepared financial affidavits.
Child support modifications can be requested during the years where a minor child from the marriage is being supported by both parents, and should be filed in the same court jurisdiction where the divorce and original child support documents were filed. Modifications in Florida can also be made to decrease child support if the person paying it loses their job, loses income, expenses for children decrease or if the recipient parent makes more money. In contrast, modifications can be made to increase child support if recipient parent loses their job, loses income, expenses for children increase, or the paying parent makes more money.
Substantial change of circumstances.
Florida Statute Section 61.30 (1)(b) states as follows: “The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.”
Paperwork to be filed.
The parent requesting the modification must file a supplemental petition for modification of child support and a summons and serve the other party. Each party must then share financial information to each other, and a hearing is usually set before a judge. At the hearing, the party requesting the petition has the burden of proof and the child support can be modified if, after review of the financial documents, and changes to parenting plan that impact custody, it is proven that the party paying the support is in the position to do so, and that the amount is at least 15% or $50 more than the current amount. Once the order is made and processed to change the child support amount, the new amount will be paid to the party by the means identified in the most current support documents. Sometimes when the department of revenue has been involved, the modification can be more complicated. In all cases dealing with child custody and support, it is important that all paperwork is completed and filed the correct way, since it impacts the livelihood of your family.
Consult with a family law attorney.
If you are receiving child support, you know how important it can be for you to keep up payments on your bills, commuting expenses and the basic needs of your children, including food, shelter, clothing, education and other activities. You should seek out the services of an experienced attorney at the Law Offices of Yeazell & Sweet who will prepare the necessary paperwork to update your parenting plan including custody and child support in Clearwater Florida.
Yeazell & Sweet Law Offices
1901 Ulmerton Road, Suite 435
Clearwater, FL 33762
Phone: 727-851-9555 or 727-480-6211