Wednesday, January 2, 2013

How to Modifiy Child Support in Florida

Both parties involved in a Florida child support order have the right to petition the court for a modification of the support payment amount. A change in the child's needs, such as increased medical costs or special situations, may merit an increase in the support amount. Negative financial events experienced by the obligated parent may allow him to ask for a decrease in the support. In both cases, if you are seeking to modify a Florida support order, you must file in court.

Instructions

    1

    Gather any documents that support your reason for modification. Include proof of additional expenses, such as a hike in health insurance premiums or daycare expenses for the child, if you are seeking an increase. Include proof of hardship if you want a decrease in support, such as proof of unemployment benefits or medical bills relating to a serious illness. Florida law dictates modification requests be backed up by supporting evidence whenever possible.

    2

    Visit the Florida Circuit Court office where your child support order was issued. Request a Supplemental Petition for Modification of Child Support and Summons. Fill out the documents in full. File the papers in the Circuit Court and request stamped copies of both the petition and summons. A filing fee may be required, depending on what county you live in.

    3

    Serve the stamped copies of the summons and petition on the other party, as required under Florida law. Contact a local process serving company to serve the papers for you. Florida law gives the other party 20 days to respond to your modification request.

    4

    Complete the financial affidavit you receive in the mail with your hearing papers. Submit the financial affidavit to the court as soon as possible; the document is required for modification consideration in Florida. Note the date and time of the hearing; if you miss the hearing, your modification request may be dismissed.

    5

    Attend the modification hearing. If no agreement can be reached between you and the other party and your case has merit, the judge will order a trial.

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