If you’ve already gone through the divorce process or are currently in a custody battle, there may come a time when you need to make a request for a modification of your child support order. While this can be a frustrating and emotional experience, there are steps you can take to increase your chances of success in the process.
1. A Significant Change in Income
When it comes to how child support is determined, it’s important to remember that income plays a large role in the calculation. This means that if you have experienced a significant change in your income, such as losing your job or experiencing an income drop, it’s possible to ask for a child support modification.
2. A Permanent Disability
One of the most common reasons for a child support modification is a permanent disability. This can be a big change for either parent and can result in a lot of additional medical costs that aren’t included in the initial child support calculations.
3. An Unexpected Expense
Another reason for a modification is an unexpected expense that’s uncovered by the court. This can happen when a child needs to undergo a surgery or an emergency room visit, and the child support payment isn’t enough to cover these expenses.
4. A Settlement Agreement That Can be Modified
If you have a good relationship with the other parent, it’s a much easier process to try and reach an agreement. In these cases, it’s essential to have a skilled family law attorney by your side as you negotiate the details of the agreement and file for a modification with the courts.
5. Stay Informed of Changes in the Law
When it comes to child support in Florida, laws can change over time, and it’s vital that you keep up with any changes that affect your case. An experienced Miami child support lawyer can help you understand how these changes might impact your case.
6. Paying the Right Amount of Child Support
When it’s time to change your child support order, it’s important to make sure that you’re getting the amount that is fair and appropriate for your situation. This isn’t always an easy task, and it’s often best to hire a skilled Miami family and divorce attorney to assist you in your efforts.
The first step in winning your child support modification case is to file a supplemental petition with the court. This petition allows you to explain why you believe that your current child support order should be modified. It also gives the other party a chance to respond.
Once the court has received your supplemental petition, it will schedule a hearing where you and the other party will appear before the judge. The judge will listen to your testimony and then decide whether or not to grant your modification request.
The judge will determine if the modification is in your child’s best interests. If it’s not, you will need to appeal the decision. However, most courts will uphold a modification if it is supported by substantial evidence and is in the child’s best interest.