Congratulation, you got a raise! Child support payments are impacted by continuing substantial changes. So, if you were fired, you would alert the court to your unemployment because it’s a continuing financial change. In Florida, a substantial change in your financial situation depends on how long it’s been since your court order was issued. If it’s been less than three years, you will need a considerable change of $50 or 15%. If it’s been more than three years, then your persistent substantial change needs to be $25 or 10%.
What is a Child Support Modification?
Changes to a child support order are not instant or automatic. Modifications require court filings and proof your situation qualifies for a change. In Florida, once a child support case is entered into the system, it’s not simple to change. The burden to prove the validity of the modification is on the parent seeking the change.
According to Florida law, a circumstance change can be any of the following:
- Substantial Change: A change in circumstance exists if in less than three years from the support order an income change of 15% or no less than $50. For changes in circumstance occurring more than three years after the support order, the amount of the change is less. A change in circumstances of 10% or $25 or more.
- Permanent Change: A permanent change exists when the filer has experienced at least six months of lasting loss or gain. Here’s an example of how this is determined: if you lose your job, it is a temporary change if you are actively seeking employment.
- Involuntary Change: A change in circumstance that is not the fault of the filing party is an involuntary change. Extended illness that prevents work or a job layoff would qualify as an involuntary change. Quitting a job or being fired for reasons that were preventable would not qualify for an involuntary change modification.
So, to answer the primary question: can your raise impact your child support payments? The answer comes down to you and your ex. You and your ex-spouse are the two parties who can file for a modification, and the amount of the financial change must meet Florida legal standards. Additionally, if you aren’t filing for a modification based on your new income, then your ex-spouse would need to make the request. If your ex filed the request, they would be required to prove the income increase in order to be granted a modification. While some states require annual income assessments, child support orders in Florida are only changed through modifications.
Legal Assistance for Your Child Support Modification Request
If your situation requires a child support modification, the team at Beatriz Zyne, P.A., can provide the legal assistance you need to file your request. Post-divorce issues like modifications can be stressful and frustrating, but meeting with an attorney can help to alleviate much of your concern. Attorney Zyne can answer all of your questions and ensure you are informed of your rights. The team at Beatriz Zyne, P.A., will provide all the legal assistance you need to handle your modification request. Call us today at (305) 876-6138 to schedule a consultation today.