Child Support Modification Attorneys

Child support is intended to help ensure that children continue to receive the financial support that they need when their parents live separately. However, a child support order may not always work as intended. A parent may fall behind on payments, refuse to comply with a court order, experience a substantial change in income, or face new circumstances that make the existing support amount inappropriate.

In Florida, you can petition the court to modify a child support order if there has been a substantial, ongoing change in circumstances. You can also seek enforcement of an existing child support order if your former partner is not complying with it. Our Florida family law attorneys can evaluate your situation and explain your legal options, whether you need to collect past-due child support, defend against an enforcement action, request an increase or decrease in support, or address a significant change in your family’s circumstances.

At Luhrensen Goldberg, our Lakewood Ranch child support enforcement and modification lawyers help parents understand their rights and pursue practical legal solutions. We offer knowledgeable, compassionate advocacy while keeping the focus on the best interests of your children. Reach out to our law firm today to schedule a confidential consultation with a member of our legal team.

How Is Child Support Calculated in Florida? 

Florida uses statutory child support guidelines to calculate the amount of support that may be owed. The calculation considers both parents’ financial circumstances and the expenses associated with raising their children.

Factors that may affect a Florida child support calculation include:

  • Each parent’s gross and net income
  • The number of children who are entitled to support
  • The amount of parenting time exercised by each parent (child custody arrangements)
  • Health insurance costs for the children
  • Work-related childcare expenses
  • Certain medical expenses
  • Retirement, investment, business, and other sources of income
  • Support obligations for other qualifying children
  • Other expenses or circumstances recognized under Florida law

These guidelines are designed to provide consistency, but calculating child support is not always simple. Income may be difficult to determine when a parent is self-employed, owns a business, receives irregular commissions or bonuses, works for cash, or has multiple sources of income.

In some cases, a court may consider whether income should be attributed, or imputed, to a parent who is voluntarily unemployed or underemployed. The court may also consider whether a deviation from the guideline amount is appropriate under the circumstances. A Sarasota child support attorney can review the relevant financial information and help determine whether the proposed support amount is accurate and consistent with applicable law.

Can Parents Agree to a Different Child Support Amount?

Parents may reach agreements concerning child support, but child support is not treated in the same way as an ordinary private financial agreement. Because child support is intended to benefit the child, the court reviews child support provisions and must approve the final arrangement.

Parents should not assume that an informal agreement to reduce, increase, suspend, or waive child support will automatically be legally enforceable. A verbal agreement or an arrangement made outside of court may not change the obligations established by an existing court order.

If circumstances have changed, it is generally important to obtain a formal modification rather than relying on an informal agreement. Until a court order is changed, the existing child support order is enforceable. If you have questions about changing your current child support order, our Lakewood Ranch family lawyers can review your existing documentation and advise you of your options.

What Does Child Support Cover?

Child support is intended to contribute to the ordinary costs of raising a child. Depending on the family’s circumstances, support may help provide for expenses such as:

  • Housing
  • Food
  • Clothing
  • Transportation
  • Education
  • Health care
  • Dental care
  • Childcare
  • School supplies
  • Extracurricular activities
  • Other reasonable needs of the child

The parent receiving child support generally is not required to account to the other parent for every dollar spent. Child support is intended to contribute to the overall costs of maintaining a child’s household and meeting the child’s needs. A parent’s disagreement with the other parent’s spending decisions does not justify withholding or reducing court-ordered support.

If a parent believes that a child is being neglected, deprived of necessary care, or placed in an unsafe situation, the concern should be addressed through the appropriate legal process. However, stopping child support without a court-approved modification can create additional legal and financial consequences.

Enforcing Child Support in Florida

When a parent does not make child support payments as ordered, the unpaid amount may quickly become a child support arrearage. Missed payments can quickly create financial difficulties for the parent caring for the child and may affect the child’s housing, education, health care, and other daily needs.

A parent who is owed child support may have several legal options for seeking enforcement. The appropriate strategy depends on the terms of the existing order, the amount owed, the reason for nonpayment, and whether the case is being handled through the court or the Florida Child Support Program.

Potential child support enforcement remedies may include:

  • Income withholding or wage garnishment
  • Collection of past-due child support
  • Court enforcement proceedings
  • A motion for civil contempt
  • Interception of certain tax refunds
  • Liens against eligible property or assets
  • Suspension of a driver’s license
  • Suspension of certain professional, business, hunting, or recreational licenses
  • Other collection remedies permitted by Florida law’

Florida’s Child Support Program may take administrative action to collect unpaid support. It may also initiate certain license suspension actions when a parent does not comply with a support order.

The consequences of nonpayment may be serious. However, the reason for the missed payments can also be important. A parent who has experienced an involuntary job loss, medical emergency, disability, or other significant financial hardship may need to seek a formal modification rather than simply stopping payments.

Child Support Enforcement Through the Court

When a parent fails to comply with a court-ordered child support obligation, the other parent may ask the court to enforce the order. Depending on the facts of the case, the court may determine whether the parent had the ability to pay, whether the failure to pay was willful, and what remedies are appropriate.

In some cases, the court may find a parent in civil contempt for failing to comply with a support order. A contempt proceeding can involve significant consequences, including the establishment of a payment plan, additional financial obligations, or other court-imposed remedies.

Parents should not assume that a temporary financial problem eliminates a child support obligation. While a court will consider legitimate evidence of financial hardship, it is a good idea to proactively seek a modification of child support rather than not paying child support. An experienced Lakewood Ranch child support attorney can help to gather financial records and make an argument to the court based on Florida law.

What Happens If a Parent Cannot Afford Child Support?

A parent who experiences a significant financial change should take action if they cannot afford child support. Common examples of financial hardship may include:

  • Involuntary job loss
  • A substantial reduction in income
  • A serious illness or disability
  • A significant change in employment
  • A change in the parent’s ability to work
  • A major change in the child’s needs
  • A substantial change in the parenting or time-sharing schedule

A parent should not simply stop making payments because the current amount has become difficult to afford. The existing order will remain in effect unless it is formally modified, terminated, or otherwise changed by the appropriate court or agency.

Depending on the circumstances, the parent may need to file a supplemental petition or pursue another process to request a modification of child support. The court will evaluate the evidence and determine whether the legal requirements for a change have been met.

Modifying Child Support in Florida

Child support orders are based on the financial circumstances, parenting arrangements, and child-related needs that existed when the order was entered. Over time, those circumstances may change.

Florida law allows child support to be modified when a qualifying change in circumstances has occurred. A modification may increase or decrease the amount of support, depending on the facts of the case.

Common reasons to request a child support modification include:

  • A substantial increase or decrease in either parent’s income
  • A parent’s involuntary loss of employment
  • A significant change in the number of overnight visits
  • A change in the child’s health care needs
  • Increased childcare expenses
  • A substantial change in health insurance costs
  • A change in the child’s educational or developmental needs
  • A parent’s disability or reduced earning capacity
  • A significant change in another financial circumstance used to calculate support

Not every change will justify a modification. A short-term reduction in income or a minor change in expenses may not be sufficient. The court generally evaluates the nature, duration, and financial effect of the change. 

The legal standard for modification depends on the circumstances of the case and the type of review being requested. Generally, the parent seeking a modification must demonstrate a substantial change in circumstances that affects the amount of child support.

Florida law includes percentage and dollar thresholds that may apply in certain circumstances. For example, a difference of at least 10% and not less than $25 may be relevant to some child support reviews. 

However, the legal analysis can be more complicated than simply comparing two numbers. The court may need to review:

  • Current income information
  • Employment history
  • Financial affidavits
  • Updated child support guideline calculations
  • Changes in time-sharing
  • Childcare and health insurance expenses
  • The reason for the change in income
  • Whether the change is temporary or ongoing

Our experienced Florida child support lawyers can evaluate whether the circumstances may support a modification. They can also help to ensure that the necessary evidence is presented to the court.

Keep in mind that a change in income or parenting time does not automatically change the amount of child support. A parent must complete the appropriate legal process and obtain a new order.

For example, a parent may lose a job and agree informally with the other parent to pay a reduced amount of child support. If the court order is not modified, the original child support amount can continue to accrue. This can result in a substantial arrearage even if the parents believed that they had reached an agreement and the child support amount was different.

Because unpaid installments may become legally enforceable judgments, parents should seek legal advice promptly when a significant change occurs. An informal agreement does not protect either parent from potential enforcement action. 

Finally, the timing of a modification can be extremely important. Under Florida law, a court may have authority to make a modification effective as of the date that the petition was filed, depending on the circumstances.

This is one reason parents should not wait to seek legal guidance after experiencing any type of substantial change. Delaying the filing of a modification request may increase the amount of support that continues to accrue under the existing order. The court won’t necessarily forgive the amount of support that became due before a modification was requested, so taking action sooner rather than waiting is better.

How a Sarasota Child Support Lawyer Can Help

Child support enforcement and modification cases often involve more than a disagreement over money. They may require detailed financial analysis, evidence of changed circumstances, interpretation of an existing court order, and knowledge of Florida family law procedures.

A Sarasota child support attorney can help you:

  • Calculate or review child support under Florida guidelines
  • Determine whether a modification may be appropriate
  • File a petition or supplemental petition
  • Respond to a request for increased or decreased support
  • Collect and organize financial evidence
  • Address hidden, disputed, or irregular income
  • Seek enforcement of an unpaid child support order
  • Defend against an enforcement or contempt action
  • Establish or challenge the amount of a child support arrearage
  • Address changes in time-sharing
  • Navigate interstate child support issues
  • Negotiate and review proposed agreements
  • Represent you in mediation or court

Each family’s circumstances are different. A personalized legal review can help identify the issues that may affect your case and provide a clearer understanding of your available options.

Contact Luhrsen Goldberg for Help with Child Support Enforcement or Modification

When child support payments are not being made, or a significant change impacts the fairness of an existing order, taking timely legal action is critical. Our experienced Florida family law attorneys understand that child support disputes can create financial uncertainty and emotional stress. We can help you understand your rights and take action to protect your financial rights and the best interests of your children.

At Luhrsen Goldberg, we offer compassionate, strategic legal representation that is designed to protect our clients’ interests while keeping the needs and well-being of their children in focus. Whether you need assistance enforcing an existing child support order, collecting past-due support, requesting a modification, or responding to an enforcement action, our lawyers can evaluate your circumstances and help you determine the next steps. Contact our law firm today at 941-265-1513 or fill out our online contact form to schedule a free evaluation with our Lakewood Ranch child support enforcement and modification attorneys.