Yes. Florida law permits a modification in the amount of child support payments, provided that the party requesting the modification shows that there has been a substantial change in circumstances since the date of the order setting the amount.
In Florida, losing a job or experiencing income changes may qualify as a substantial, permanent change in circumstances, as recognized by the courts.
What you need to prove:
A party who wants to change the amount of child support payments must establish one of the following: (1) A substantial change in circumstances; OR (2) The child has attained the age of 18.
Substantial Change in Circumstances:
A fundamental prerequisite for a modification of child support is the showing of a substantial change in circumstances. To qualify as such, a change must be material, involuntary, and permanent.
Modification requires unforeseen substantial changes, not anticipated at the original order, in addition to being material, involuntary, and permanent.
**UPDATE**
As of July 1, 2023, the need for the substantial change to be unanticipated is no longer a requirement.
Generally, anticipated future events are not factors in setting child support because of the uncertainty on whether these events will occur. Setting child maintenance cannot contemplate events that are contingent on the happening of other events, and therefore, they do not preclude modification if and when it occurs.
Exceptions:
A change in circumstances that is temporary may justify modification so long as it is involuntary and substantial. In such a case, the trial court may enter an order temporarily reducing the parent’s child maintenance responsibility.
The First District Court allowed a former husband, post-job loss, to briefly lower child maintenance for self-reestablishment. See Manning v. Manning, 600 So. 2d 1274 (Fla. 1st DCA 1992).
There is an exception: reduced income for education excludes the voluntariness requirement. The children’s best interests may allow modifications based on such reductions in income.
Conclusion:
Arrange a detailed consultation with a proficient family law attorney. Thoroughly analyze if your situation warrants a lawful modification of child support payments for the best possible outcomes.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
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