Adjusting Child Support Payments
Just as you can revisit your divorce agreement, you can obtain child support modifications. Your life changes, and your child support compensation is subject to change also. Your financial picture can change, and of course the needs of your children change constantly. The court acknowledges that increases or decreases in child support may be necessary under certain circumstances.
When your child support needs a modification, your attorney files a motion and requests a court hearing before a judge. Both sides argue their positions, but the judge’s main focus is to safeguard the best interests of the children.
Reasons for Seeking Child Support Modifications
You must demonstrate a significant change that justifies the child support modification. Such circumstances include:
- You or your spouse experiences a job loss or increase in salary
- One of the parents remarries and has increased income
- You or your spouse relocates
- One parent suffers a disability
- The needs of the children change
- Cost of living increases
- Your child support order has not been reviewed or changed in the last three years
Types of Modifications
In Florida, child support modifications can be temporary or permanent.
A temporary change may be granted for:
- Job loss by parent
- Medical emergency of a child
- Medical emergency of a parent
A permanent change may be granted for:
- Remarriage of a parent increases income
- Permanent disability of a parent
- Job change of a parent
Many judges have changing needs in mind when signing the original divorce agreement. These judges include a Cost of Living Adjustment. This so-called COLA clause allows for annual child support adjustments based on an increase or decrease in the cost of living.
Sifting Through the Options
With so much to consider, it’s crucial to have a lawyer on your side to help determine the best course of action. At Carl T. Boake, P.A., we have 30 years of experience in child support modification cases. Call Carl to investigate your situation and prepare an effective case that is in your child’s best interest.