Child Support Modification

Child support is modifiable if there is a responsibility to pay for the same.  This responsibility can end when the minor child reaches 18, or becomes married (if before 18), or graduates from high school (if after 18 but prior to the minor child’s 19th birthday).  There is an exception if the minor child is disabled, support can go past the 19th birthday.

With the increase in dissolution or families that are no longer together (paternity matters) there is a high likelihood of having subsequent child support modification.  When there are subsequent children there is commonly a request to reduce child support for the increased expenses to raise those children. However, that is not permitted under Florida law.  It’s as if you are put on notice of how much the child support is. If you cannot afford to have other children based on what you are already paying, then you should not create that additional financial responsibility.  However, if you take into consideration the child support you are paying then choose to have subsequent children, AND THEN the payee spouse files for an upward modification for support, it is at that time that subsequent children can be taken into consideration.  Not only will you receive credit for the subsequent children, you will have to be sure that the other factors for modification are satisfied.

For assistance in determining if you qualify for an upward or a downward modification of support, or if your subsequent children should be part of a child support modification, contact an attorney to be sure you are paying and or receiving the correct child support amount to benefit your minor children.

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