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How and when you may change a Florida child support order

On Behalf of | Feb 1, 2023 | Modifications

In the absence of a formal child support modification, a parent who pays child support in Florida must continue to do so until the child comes of age. If either parent has a reason to request a change to an existing child support order, that parent must follow a specific process in which to do so.

Per the Florida Department of Revenue, several things have to hold true for the state to agree to change an existing child support order.

Qualifying for a child support order modification

To qualify for a child support order modification, there first needs to be at least six months remaining on the current child support order. Second, it has to have been at least three years since the order either first took effect or last underwent modification. Third, there must have been a notable change in circumstances that merits such a change. The change in circumstances might involve the child’s needs, or it may involve one parent losing a job or receiving a demotion, among other possible examples.

Requesting a child support order modification

The parent who wants to change the child support order must ask the court or agency that issued it in the first place to do so. When doing so, the parent must furnish documentation about his or her income and assets. The state then decides if there has been a substantial, permanent and involuntary change that warrants the change to the existing child support order.

If the court or agency agrees that a change is necessary, it typically initiates proceedings to formally change the order. If it decides not to change the order, it notifies both parents about the decision.