The only certainty in life is life’s uncertainties. You may find yourself out of a job or find yourself in a situation where you are unable to meet your current child support obligations. You certainly don’t want to be a “deadbeat” when it comes to supporting your children, but you may find yourself financially unable to pay what you owe.
You want to obey the law and be a responsible parent. What can you do?
Although child support in Florida cannot be completely terminated due to financial crisis, you do have the option to seek a modification of your child support order to seek a lower monthly payment. The court can change a child support order if the judge feels that your circumstances have changed substantially and that the change in child support will be in the best interest of your child or children.
To do this, you must file a Supplemental Petition to Modify Child Support. This form must be filed with the clerk of the circuit court where your child support order originated. If the judge that dealt with your original order is still at the court, he or she will deal with your case.
Next, you must inform the other parent of your intentions to modify your child support order by providing them with a copy of the form. If the party doesn’t respond within 20 days, you must ask the court for a Motion of Default and file that with the clerk of the appropriate court.
Once you are given a hearing date, the other parent must be informed of that and the appropriate forms must be forwarded to them.
How complicated the process becomes depends if the other party contests your modification request. If the modification is not contested, the judge will take that into consideration. However, if the modification is contested, you will be obligated to submit more forms to the court so the judge can determine your financial situation and make an appropriate judgment in your case.
The process of getting a child support modification can be fairly simple – or in some cases it can get complicated and contentious. If you are seeking a modification order, it may be in your best interest to seek legal help and advice from the modification attorneys at Farah & Farah in Jacksonville. We can walk you through the process and protect your legal rights.
If you have questions, we can be reached at (800) 533-3555 for a free, no-obligation look at your case. You can also set up an appointment online.