An Orlando child support lawyer can help parents address child support obligations, which can create significant financial pressure on a parent’s income, especially after changes in employment, health, or family circumstances. Many parents fall behind not because they refuse to support their children, but because the current support order no longer reflects their actual financial situation.
If your child support is too high, you may have legal options available. However, simply stopping payments or paying less than the court ordered can create serious legal consequences. You may need to seek a formal child support modification through the court system. The sections below explain the process.
Child Support Orders Can Sometimes Be Modified
In Florida, child support orders help provide for a child’s health and well-being. However, support orders are not necessarily permanent. Courts recognize that financial and personal circumstances may change.
A parent may potentially request modification of child support when there has been a substantial change in circumstances.
Examples may include:
- Job loss
- Reduced income
- Disability or medical issues
- Increased parenting time
- New childcare expenses
- Significant changes in the child’s needs
- Military deployment
- Business downturns
- Involuntary reduction in work hours
Courts generally expect the change to be substantial and ongoing rather than temporary.
Until the court officially modifies the order, the existing child support obligation generally remains enforceable. This means unpaid balances may continue accumulating even if you lost your job or your income dropped significantly.
Courts Examine More Than Just Income
Although income is one of the biggest factors in child support calculations, courts often look at additional financial circumstances as well.
This may include:
- Earning capacity
- Parenting schedules
- Health insurance costs
- Childcare expenses
- Bonuses or commissions
- Other support obligations
- Self-employment income
In some cases, courts may believe a parent is voluntarily unemployed or intentionally underemployed to reduce support obligations. In these instances, the court may “impute” income based on what it believes the parent is capable of earning.
Increased Parenting Time May Affect Support
Child support calculations are often closely connected to custody and parenting schedules.
If a parent has more parenting time than originally anticipated, the existing support order may no longer accurately reflect the parties’ actual arrangement.
For example, shared custody schedules or equal parenting time may potentially justify reviewing the existing child support order.
Modification Requests Require Proper Documentation
Courts generally require sufficient evidence supporting the requested modification.
Important documentation that can help show a substantial and ongoing change includes:
- Pay stubs
- Tax returns
- Medical records
- Employment termination records
- Financial affidavits
- Business records
- Proof of childcare or insurance costs
The stronger the financial documentation, the easier it may become to demonstrate that the current support order is no longer appropriate.
Informal Agreements Are Not a Substitute for a Modification
Some parents attempt to handle support changes informally without returning to court. Parents may verbally agree to lower or pause payments temporarily.
However, informal agreements often create serious problems later because they may not legally modify the court order. Unless the court formally approves the modification, unpaid support may still accumulate.
An Orlando Child Support Attorney Can Help You Seek a Modification
Child support modification proceedings require specific procedures and evidence. A successful petition requires preparation.
An experienced family law attorney can help:
- Reviewing your current order
- Evaluating whether modification may be appropriate
- Gathering supporting financial evidence
- Filing the necessary court paperwork
- Handling communications with the court and the attorney for your child’s other parent
- Representing you during hearings or negotiations
If your child support obligation has become unmanageable due to significant financial changes, you should consider seeking legal help right away.
Contact an Orlando Child Support Lawyer at Conti Moore Law Divorce Lawyers, PLLC for a Free Consultation
If your current child support obligation no longer reflects your financial reality, you do not have to face the situation alone. Florida law may allow you to seek a modification when substantial and ongoing changes affect your ability to pay.
An experienced Orlando child support attorney can evaluate your circumstances, explain your legal options, and guide you through the modification process.
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
