About half of all marriages end in divorce, and a large portion of those divorces end with one party paying child support. Philosopher Heraclitus said that “The only constant in life is change.” As we’ve recently witnessed, our economy is fragile and our world can be flipped upside down on the drop of a dime. As life changes, one’s ability to pay court-ordered child support may also change.
Florida law states that either party in a family law case may apply for modification of the court-ordered or agreed-to child support award “whenever the financial circumstances of either party changes substantially…” Section 61.14(1)(a), Florida Statutes. To obtain an order to decrease (or increase) the amount of child support, the court can order what it finds to be equitable given the changed circumstances.
Let’s use an example. Ted and Linda were recently divorced. They have a 5-year-old boy named Skip. Ted and Linda co-parent with Linda getting 70% of the time sharing and Ted getting 30%. Ted was ordered to pay Linda child-support in the amount of $800 each month. Because of the recent decline of the national economy, Ted was laid off as the general manger of a local restaurant. Ted is drawing unemployment, but his income is far less than it was while he was still employed. Ted is now unable to feasibly pay the ordered $800 per month to Linda and by not paying it, he could be held in contempt for violating a judge’s order. Ted needs to modify the judge’s order to decrease the amount of child-support he pays each month to Linda based on his ability to pay. If Ted ignores this issue, he could be held in contempt and even be sent to jail!
If you need a child support modification because you have recently experienced a significant change in your life, call the family attorneys at Hendry & Parker, P.A. today for a free case review. Our family attorneys will work with you to address this issue with the court.