Can I modify child support or custody orders after the divorce in Florida?

Vanessa Tuttle

Florida managing attorney at Marble Law

Published September 6, 2024 · 3 min read

Key Takeaways

Yes, you can modify child support in Florida.
Typically, modifications come about when there are changes in circumstances pertaining to the child’s needs.
There may be limits to how often you can request a modification.

Yes, child support can be modified if there has been a change in circumstances pertaining to the child's needs, the parents' incomes, or timesharing. This flexibility ensures that the child support obligation remains fair and accurately reflects the current situation. Here are a few of the changes that might qualify:

Changes in the child's needs: A child's needs can evolve significantly over time. For instance, as a child gets older, their expenses for education, extracurricular activities, healthcare, and clothing may increase. A chronic illness or a sudden disability can also create new and substantial financial needs. If these changes significantly impact the overall cost of raising the child, a modification might be appropriate to ensure the child's well-being is adequately supported.
Changes in parental income: A significant and involuntary change in either parent's income can necessitate a modification of child support. This could be due to factors like job loss, a major pay cut, disability, or retirement. Conversely, a substantial and sustained increase in income of the parent paying child support could also warrant an adjustment to ensure the child receives a fair share of the financial resources available.
Changes in timesharing: The amount of time each parent spends with the child can influence child support calculations. If the timesharing arrangement changes significantly, it may affect the financial burden each parent bears for the child's daily needs. For example, if one parent now has primary custody due to a relocation or change in circumstances, they may require a higher child support amount to reflect their increased responsibility for the child's expenses.

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The process for modifying child support typically involves filing a petition with the court. The petition should detail the specific changes in circumstances that warrant a modification and provide evidence to support the claim. The court will then consider the arguments from both parents and relevant financial documents before issuing a ruling. It's important to note that modifications are not always granted, and the court will determine if the change in circumstances is substantial enough to justify an adjustment to the child support obligation.

Here are some additional points to consider:

Timing of modifications: There may be limitations on how often modifications can be requested. Some states have a waiting period after the last modification was issued or the original child support order was established.
Legal representation: Child support modifications can involve complex legal issues. Consulting with an attorney familiar with family law in your jurisdiction can be beneficial to ensure your rights are protected and your arguments are effectively presented to the court.

By understanding the grounds for modification and the process involved, parents can ensure that their child support obligations remain fair and reflect the current needs of their child and their own financial circumstances.