08/17/2026
How to Request a Child Support Modification
The process for modifying child support in Florida begins with filing a petition for modification in the same circuit court that issued the original order. According to Florida Statute 61.14(1)(a), you must provide evidence of the change in circumstances that justifies the modification. Here are the key steps:
File the Petition: Submit a “Supplemental Petition for Modification of Child Support” with the court. This document outlines the reasons for your request.
Provide Financial Affidavits: Both parents must submit updated financial affidavits detailing their current income, expenses, and financial resources.
Attend Hearings: The court will review the evidence and may hold hearings to determine whether the modification is warranted. If both parents agree, the process can be expedited.
Obtain a New Order: If approved, the court will issue a modified child support order. This new order will replace the previous one and set the updated payment amount.
What Constitutes a Substantial Change in Circumstances?
Not all changes qualify for a modification. Florida law requires that the change in circumstances be:
Substantial: The difference in the current and proposed child support amount must be at least 15% or $50, whichever is greater, according to Florida Statute 61.30(1)(b).
Permanent: Temporary changes, such as a short-term layoff, generally do not meet the criteria.
Involuntary: The change must not be the result of voluntary actions, such as quitting a job without good cause.
For example, if a parent becomes disabled and is no longer able to work, this will likely qualify as a substantial, permanent, and involuntary change, justifying a modification.
Retroactive Modifications
In some cases, modifications to child support may be applied retroactively. According to Florida Statute 61.14(1)(a), a court can retroactively adjust child support to the date of filing the modification request. However, retroactive adjustments are not automatic and must be supported by evidence of when the change in circumstances began.
For instance, if you lost your job three months before filing for a modification, the court might adjust your support obligations starting from the date of filing. This can alleviate financial pressure but requires clear documentation of the change.
Special Considerations for Imputed Income
Florida courts can impute income to a parent if they are found to be voluntarily underemployed or unemployed. Under Florida Statute 61.30(2)(b), the court will consider the parent’s employment history, qualifications, and the availability of jobs in their geographic area. This ensures that parents do not intentionally lower their income to reduce child support obligations.
For example, if a parent with a professional degree voluntarily takes a low-paying job or fails to seek employment, the court may calculate child support based on their potential earnings rather than their actual income.
2026
