Can Court Ordered Child Support Amount Ever Be Adjusted?
Child support can be modified at any time and to do so means you have to be able to prove to the judge that there has been a substantial material and permanent change in circumstances that was involuntary. That is the legal standard that you have to allege and prove. It can be modified when either the expenses change or the incomes change in a substantial way. When you calculate the new incomes of the parties and you run the child support calculation, in order to be entitled to the modification of the child support amount, the new child support amount has to be different by at least 15 percent or $50.
How Long Do Child Support Payments Generally Last After A Divorce?
The current statute says that child support after a divorce is generally paid until the age of 18. It can go beyond the age of 18 if the child is in high school with an expectation of graduation before their 19th birthday. There are other exceptions, such as if the child is emancipated. With a child with special needs, a disabled child or a dependent child, so to speak, child support may continue beyond the child’s 18th birthday. A new law in 2011 requires a termination date to be included in all new child support orders. In any agreements or court orders entered after 2011, it is not supposed to be required to return to court for your child support to terminate. However, if you are one of the folks who had a settlement or an agreement or court order prior to October 2011, then your child support does not automatically terminate on the child’s 18th birthday and you are required to return to court yourself. It is your obligation to go to court and ask the judge to stop the child support based on the child turning 18 and reaching the age of majority. It would need to happen for each child as they turn 18.
What Recourse Is Available If The Payor Parent Fails To Pay Child Support?
If you are not receiving your child support payment from the other parent then you have the right to take them back to court to enforce that payment. It is every parent’s duty to support their children financially, whether or not they are actually seeing the child or not. There are many remedies available to you to enforce the payment. If you can show that the other side has the ability to pay and is voluntarily choosing not to pay then you can seek to have the judge hold that party in contempt of court even up to incarceration as a possible remedy. You can seek to have the non-payors driver’s license suspended. You can seek garnishment of wages directly from his employer. If the employer does not comply, the employer can also be responsible for the payment.
The child support arrearage will not go away, it cannot be discharged in bankruptcy, and it is subject to additional attorney’s fee. Not only are you entitled to collect the child support you are owed, you are also entitled to reimbursement of all your reasonable attorney’s fees incurred in pursuing that child support.
What Are The Common Issues That You Face In Child Support Cases?
The common issues in regards to child support litigation are when parties try to hide their true income or try to overstate their actual expenses. They also fight over the time-sharing schedule, recognizing that timesharing is a direct factor on the amount of child support that they pay. Most parents recognize and are more than agreeable to pay the statutory amount of child support that they are required to pay. When circumstances happen that they just can no longer comply or despite their best efforts, they cannot pay what they are currently required to pay, then child support modification actions are very hotly contested. People get used to receiving a certain amount of money and they depend on it. There is always skepticism and distrust about whether someone’s income has really changed justifying a modification of child support.
For more information on Adjustment Of Child Support In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (561) 893-9993 today.
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