Requesting An Increase In Child Support

Child support payments often end up being a key part of a parent’s ability to balance a household budget and ensure that his or her children are provided for. However, as a family’s needs change, the amount required to fulfill these requirements may also need to be modified. What was once sufficient to care for a toddler, for instance, can change a lot when that child enters school, starts engaging in recreational activities, or is diagnosed with a medical condition. In these cases, or when the paying parent’s financial situation changes significantly, a custodial parent could seek an official increase of child support in court.

A Significant Change in Financial Circumstances 

Child support awards are legally binding court orders, which means that the parties must comply with their terms or risk court sanctions. It is, however, possible to modify these orders if the circumstances justify such a change. Generally, courts are only willing to modify a child support order, whether decreasing or increasing it, if there has been a significant change in the parties’ financial circumstances. What qualifies as “significant” enough to warrant a change will depend largely on the particular facts of the case, but in the past, courts have found that the following satisfy this definition:

• A significant increase or decrease in the income of either parent, whether due to job loss, promotion, or a change in employment;
• A child’s changing health or medical needs requiring increased expenses;
• A major change in parenting time; and
• A substantial change in the child’s needs, like educational or extracurricular activities.

If any of these situations apply, a parent will be more likely to secure approval of a request for an increase in child support, especially if the paying parent has the ability to meet those needs.

An Agreement Between Parents 

Going to court to change a child support award isn’t always necessary. In fact, many couples can avoid the intervention of a judge almost entirely by negotiating an agreement in an out-of-court setting. These agreements could be temporary or permanent depending on the situation. While the parents will need to eventually submit a written agreement to the court, containing the proposal for the support increase, they won’t need to present evidence or submit any petitions in support of their argument. As long as the agreement is approved by the court, it will be considered as legally binding as the prior child support order.

Is Your Child Support Award Sufficient to Meet Your Needs? 

If you have been evaluating your financial situation and believe that a higher child support amount is necessary to allow you to adequately care for your child, consulting with an attorney is one of the best ways to determine whether your situation qualifies for a modification. For an evaluation of your own case, please call experienced Florida child support modification lawyer Sandra Bonfiglio, P.A. today. You can set up a consultation by calling our office at 954-945-7591 or by reaching out to us online.

Sources: 

floridarevenue.com/childsupport/change_support_orders/Pages/change_support_orders.aspx

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html