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Areas of Practice
Divorce
Annulment
Appeals
Custody / Visitation
Child Custody Modification
Contempt Hearings
Child Support
Child Support Modification
Support Enforcement
Mediation
Paternity
Alimony
Nuptial Agreements
Domestic Violence
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Soler & Slack PA

Child Support Modification

During divorce proceedings that involved minor children, you may have been ordered to pay child support. The amount of child support you are required to pay was based on what your financial state was at the time the support guidelines were calculated. If you are not in the same financial position now that you were then, you may need to consider having your child support obligations modified.

When can I change my support obligations?

Under Florida law, child support obligations can be modified on a showing of a "material change in circumstances". Courts generally hold that this cannot be a voluntary change in circumstances. For example, if a person quits a good-paying job for a relatively low-paying one voluntarily, then a court may find that this is not valid grounds to have child support reduced. However, if a person gets fired, laid off, or wages decreased involuntarily, then this would likely qualify as a material change in circumstance.

Non-employment related situations could also constitute a material change in circumstances that would justify a reduction in child support payments. Such issues as a new child with a new spouse; new financial obligations and liabilities; or even a change in the way the law calculates child support may all be grounds for modification. As long as there is no evidence that a person intentionally changes their circumstances to have lower child support, it is likely that a judge will consider the change.

Who can request a modification?

Naturally, if you are paying child support and have had a material change in circumstances occur, you can petition the court to modify your support obligations. You can request to have them reduced or even increased depending on your circumstances. However, a parent receiving child support can also request to have the support modified. If your ex-spouse is paying child support and has recently taken on a better-paying job than before, then you can also petition the court to have the child support increased relative to the new income your ex-spouse is now receiving.

Our attorneys can help you achieve your goal

Whether you are having trouble paying your child support or you feel that your ex-spouse should be paying more, having an experienced attorney on your side is invaluable. The attorneys at Soler & Slack, P.A. will evaluate your case and come up with a strategic plan to help you achieve your goals. Call our attorneys for a free consultation at (941) 444-5128.

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