Life doesn’t stand still, and neither do the needs of your children or your financial circumstances. If you’re paying or receiving child support in Florida and something significant has changed since the original order was entered, you may be able to request a modification. The process isn’t automatic, and not every change qualifies, but Florida law does provide a legal path to request an updated support amount when appropriate.
At Central Justice, we help parents understand when a modification makes sense and how to approach it strategically.
What Counts as a Substantial Change?
Before a Florida court will consider changing a child support order, there must be what’s called a “substantial change in circumstances.” This means something important has shifted since the last order was entered, and that change wasn’t expected at the time.
Some common examples include:
- A parent losing a job or seeing a major income increase or decrease
- A significant change in the child’s medical or educational expenses
- One parent gaining or losing custody or experiencing a major shift in parenting time
- A parent becoming incarcerated
- A long-term disability or serious illness that affects earning capacity
Short-term financial issues or voluntary underemployment usually aren’t enough. The change must be ongoing and significant.
Documentation You’ll Need
Florida courts won’t modify child support unless you have clear, detailed proof to back up your request.
Depending on your situation, useful documents may include:
- Pay stubs or employer letters confirming job loss or salary changes
- Tax returns, especially if self-employed
- Medical records and bills for new or increased healthcare costs
- Daycare or school tuition receipts
- A calendar or log showing changes in parenting time
- Court documents related to custody, incarceration, or protection orders
Having organized paperwork will help your case move more smoothly and improve the likelihood of a favorable outcome.
Retroactive Modifications Are Limited
In Florida, child support modifications are generally only retroactive to the date the petition for modification was filed, not the date the change occurred. That means if you lost your job in January but waited until March to file, a new support amount would likely only apply starting in March.
There are exceptions in limited situations, such as when one party intentionally hides income or misrepresents their financial status. But in most cases, acting quickly is key. The sooner you file, the sooner the court can apply any needed changes.
How Child Support Is Recalculated
If a judge finds that a substantial change has occurred, the next step is recalculating child support based on Florida’s statutory guidelines. These guidelines take into account:
- The income of both parents
- The number of children involved
- How many overnights each parent has with the child
- Health insurance and uncovered medical expenses
- Childcare and educational costs
- Existing support orders for other children
In many cases, if the recalculated amount differs by more than 15% or $50 per month, the court will approve a change. For families with more than one child, this threshold may be even lower.
Self-Employed Parents: What’s Different?
When one parent is self-employed, things can get a little more complicated. Courts take a closer look at reported income and may adjust calculations based on a business’s actual earnings.
Some issues the court may consider include:
- Whether personal expenses are being paid through the business
- Whether the reported income matches bank deposits and tax returns
- Whether deductions are legitimate or artificially lower reported income
If you are self-employed, it’s a good idea to gather profit-and-loss statements, bank records, and tax filings. Clear documentation can help you avoid assumptions that your income is higher than it is.
What to Expect in the Hearing Process
Requesting a child support modification starts with filing a petition in the same court that issued the original order. From there, the process generally includes:
- Serving the other parent with legal notice
- Exchanging financial information and documentation
- Attempting mediation, if required
- Attending a hearing if no agreement is reached
At the hearing, both sides can present evidence and testimony. The judge will then issue a ruling based on the law and the facts presented.
Contact Our Experienced Orlando Child Support Modifications Attorneys
Whether you’re seeking a decrease due to a job loss or requesting an increase because of rising expenses, child support modifications can be handled efficiently with the right preparation. At Central Justice, we guide Florida parents through the child support modification process with clear advice and support. Reach out today to schedule a consultation and find out how we can assist you with your next step forward.