Modifying Child Support or Time-Sharing After Divorce
Short answer: To modify child support or time-sharing in Florida, a parent generally must show a substantial, material and unanticipated change in circumstances since the last order. For child support, the new guideline amount usually must differ from the current amount by at least 15 percent or $50, whichever is greater. Time-sharing changes must also serve the child's best interests.
A final judgment reflects life as it was when the order was entered. Jobs change, children grow, parents move and remarry. Florida law allows modification, but only when the change is significant and only through the court.
The legal standard
For both child support and time-sharing, the parent asking for a change generally must show a substantial and material change in circumstances that was not anticipated when the last order was entered. Courts want finality, so routine ups and downs do not qualify.
Child support modifications
- A significant increase or decrease in either parent's income
- A change in the time-sharing schedule that affects overnights
- New health insurance or child care costs
- A child's changed needs
The 15% threshold: Florida generally allows a support modification when the recalculated guideline amount differs from the current amount by at least 15 percent or $50, whichever is greater.
Time-sharing modifications
Changing a parenting plan requires the substantial-change showing plus proof that the change is in the child's best interests. Examples include a parent's relocation, a child's changing school or developmental needs, a parent repeatedly failing to follow the schedule, or new safety concerns.
How the process works
- Supplemental petition. The parent files a supplemental petition to modify explaining the change and the requested relief.
- Service and response. The other parent is served and can respond or counter-petition.
- Disclosure. Financial disclosure is required for support changes.
- Mediation. Most modification cases go to mediation before a hearing.
- Order. An agreed modification or a judge's ruling replaces the old terms.
Do not modify informally
Parents often agree to a new schedule or support amount without going to court. That can work for a while, but an informal agreement is hard to enforce, and the old order remains the legal obligation. Unpaid support under the old order can still be collected. Put any lasting change in writing and have it approved by the court.
Until a judge signs a new order, the old one is still the law of your case.
Act promptly
A support modification is generally retroactive only to the date the petition was filed, not to when the change happened. If your income dropped months ago, waiting to file can cost you.
When to talk to a lawyer
Heather Harris Law handles child support, time-sharing and alimony modifications for Brevard County clients and can tell you whether your change is likely to qualify.
Frequently asked questions
How much does income have to change to modify child support in Florida?
Generally enough that the new guideline amount differs from the current amount by at least 15 percent or $50, whichever is greater, along with a substantial change in circumstances.
Can we change the parenting plan without going to court?
You can agree informally, but only a court-approved modification is enforceable. Put lasting changes in writing and file them for approval.
Is a modification retroactive?
Child support changes are generally retroactive only to the date the supplemental petition was filed, so filing promptly matters.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.