How to Lower Florida Child Support

Certain guidelines determine how much child support each spouse pays in Florida. Chapter 61.30 of the Florida Statutes outlines the child support guidelines. Child support is figured on an individual basis—it takes into account the mother’s and father’s income, whether alimony is ordered in the case, and the cost of medical insurance, uncovered medical costs, and daycare or private school tuition for the minor children.

Things You'll Need

• Final Judgment of Dissolution of Marriage or Child Support Order
• Discharge papers, if applicable
• Summons form

Instructions

1. Start a pleading titled “Petition for Modification of Child Support,” by typing the same heading as the header of the pleading in the divorce case. Copy the header from your divorce papers, using the same case number. If you were the respondent in the divorce case, even if you initiate the post-judgment modification, you are still the respondent. Center the title, "Petition for Modification of Child Support," below the header.

2. Describe how you were awarded child support in the first paragraph. If you were awarded child support via a final judgment, tell the Court that a final judgment was entered, and on which date the final judgment was entered.

3. Attach any discharge papers or other paperwork showing why you lost your job, or describing any other reasons for the change in your financial position.

4. Tell the Court how many children were born of the marriage, and the children’s birth dates. Use the second paragraph.

5. Describe your current circumstances in the remaining paragraphs. Each paragraph contains one circumstance. Circumstances include the reasons why you are requesting a modification, such losing a job, changing jobs, or having other extensive change in your financial position.

6. Sign and date the pleading.

7. File it with the Clerk of Court. In other words, hand it to the Clerk of Court--he will stamp it in and put it in the Court file.

8. Fill out the summons form, and have the Clerk sign the summons. The Clerk of Court will give you a list of authorized process servers in your county.

9. Serve the summons and pleading on the opposing party.

10. Wait for the opposing party to respond to the Petition. In most Florida counties, mediation is required before you can go before a judge.

11. Schedule mediation to attempt to come to an agreement on lowering child support.

12. Call the Court and schedule a hearing on the matter, if you cannot come to an agreement. The Court will either grant your petition, if you show reasonable circumstances as to why child support should be lowered, or deny your petition.

Tips & Warnings

• Number each paragraph.

• According to the statutes, you must have a permanent, unexpected change of circumstances to change child support.

• Once the pleading is served on the opposing party, the opposing party has a certain number of days to respond to the pleading. If no response is filed, apply for a Clerk’s default.

• Be careful that you do not waste the Court’s time by filing a modification if you purposely get fired to avoid paying child support. If the Court finds that you lost your job in an effort to avoid paying child support, the Court will order you to find a job and to continue paying child support at its current rate.

• This article was not written by an attorney, and should not be used for legal advice.

References

• State of Florida: Florida Statutes
• 13th Judicial Circuit: Family Law Forms