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In that location are many circumstances such equally job loss that may make it difficult for you to make child support payments the court previously ordered. If you desire to lower your child back up payments in Florida, you may file a movement asking the court to do so. Florida constabulary allows child support to be modified at any time provided you can bear witness a substantial, permanent, and unanticipated change in your circumstances.[ane]

  1. 1

    Research Florida child support law. Before yous asking the court alter your existing kid support, make sure you have a good understanding of the country's kid support guidelines and how they utilise to your situation.

    • Florida law allows kid support to exist modified any time there is a substantial alter in circumstances. A change is substantial if it changes support by at to the lowest degree xv percent or $50.[2]
    • There is no absolute amount that your income must alter, but the modify in income must lower your child support payments by at to the lowest degree xv pct or $50, whichever is greater.[iii] To effigy that out, y'all must review Florida's child back up guidelines and make the advisable calculations.[iv]
    • For example, if you currently are paying $ane,000 in child back up, you are only eligible to alter the lodge if the new child back up called for under the guidelines would be $850 or less.[5]
    • Changes in expenses likewise could alter kid support, if expenses such equally daycare accept been factored into child back up.[half-dozen] For example, if you were paying for part or all of your child's daycare, and then your child turned 5 and went to kindergarten at public school, that might support a supplemental petition to lower kid back up.
    • Since health insurance also is included in the equation to decide kid support, an increase or subtract in the toll of insurance premiums might support a modification.[vii]
    • Mostly, Florida uses a model that estimates how much money would be spent on the child if the parents were still together, then divides that amount betwixt the parents according to their incomes.[8]
    • Provided you have a full general idea of the net monthly income of the other parent, besides every bit the costs of daycare and insurance, you can employ the quick calculator available at http://www.alllaw.com/calculators/Childsupport/Florida to go a rough estimate of your child support obligation. Yous can so compare that amount to the corporeality in the initial order to run across if the divergence is large enough to qualify for modification.[9]
    • One time y'all've gotten over the substantial change hurdle, yous likewise must exist able to show that the change is in the child's best involvement.[10]

  2. 2

    Talk to the other parent. If you lot can get the other parent to concur to your request for modification, the process of getting the courtroom's approval will be much easier.

    • Although Florida constabulary has some guidelines, whether to grant a petition to modify kid support is always ultimately in the guess'south discretion.[xi] Judges may be more likely to approve a modification if both parents concur to it.
    • Proceed in mind that even if y'all and the other parent more often than not agree that a modification is necessary, you may find you disagree on whatsoever number of other issues such every bit the number of overnights or other terms of the support agreement.[12]

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  3. iii

    Consider consulting an chaser. Peculiarly if you conceptualize the other parent will contest your motion to lower your child support payments, an chaser tin can assist you best protect your interests and the interests of the kid.

    • The child back up guidelines tin can be complicated, and in that location is room for interpretation.[xiii] An chaser tin aid you lot make sure the amounts are calculated correctly.
    • Particularly if the other parent has an attorney, or if yous needed an attorney for the original divorce or custody proceeding, yous should contact an attorney to help you lot with your modification.
    • If you had an attorney for the original custody action, typically you can telephone call the same chaser back and talk to her about modification. Since she handled your original case, she'll already have the data she needs from the original club.

  4. 4

    Get copies of the advisable forms. Florida courts have pre-canonical forms y'all can use to ask the courtroom to change child support, available at clerk'south offices or in legal aid clinics.[fourteen]

    • The court-approved family unit constabulary course comes with instructions on how to fill information technology out properly. Brand sure y'all read those instructions earlier you begin filling out the course.[15]

  5. v

    Gather information to support your supplemental petition. You must include documentation of the change in circumstances that you lot argue requires the original child support guild to be modified.

    • Read through the class and instructions so yous know what information you need before you commencement filling out the grade.[16]

  6. half-dozen

    Draft your supplemental petition. Fill out the forms explaining to the court why you desire your kid back up lowered.

    • Generally, you lot must be able to prove that modification is necessary because something happened in your life that significantly changed your power to pay support in a permanent way, and that the change was involuntary.[17]
    • For example, if you quit your job to attend medical school, Florida courts would not consider that a change that supported modification of your child support obligation because y'all made a voluntary decision to quit your job and attend medical school.[18]
    • If the amount you are requesting deviates from the guideline amount, you besides must file a Motion to Deviate from Child Support Guidelines.[nineteen]
    • If you lot're using the canonical form for your supplemental petition, make sure you either type your answers or print neatly and legibly using blue or black ink.[20]

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  1. i

    Sign your supplemental petition. In one case you've completed your forms, you must sign information technology in the presence of a notary public or a deputy clerk.[21]

    • After you've signed your petition, make copies so you accept one for your records and one to serve the other parent. The clerk will keep the originals for the court when yous file.[22]

  2. two

    File your supplemental petition with the clerk. You must take your supplemental petition and copies to the clerk of the court where the original child back up gild was entered.[23]

    • In Florida, the same court that entered the initial society has continuing jurisdiction over any modifications to that lodge, including the amount of back up and the terms of that support.[24]
    • Procedures may differ slightly depending on the county where you lot file, or if the Florida Department of Revenue has been involved in your example.[25]
    • Y'all must pay a filing fee to file your supplemental petition. If you cannot afford to pay the filing fee, you can file an application to accept the fee waived. You tin can go this awarding from the clerk, who will permit you know what other forms you need to fill out regarding your financial status.[26]

  3. 3

    Have the other parent served. After you file your supplemental petition, you must take a re-create served on the other parent.

    • Provided yous know where the other parent lives, your best option is to employ personal service through the sheriff's office.[27]

  4. four

    Wait for a response from the other parent. The other parent has 20 days to respond to your supplemental petition, or y'all can file a move for default to have your request granted.[28]

    • If the other parent files an reply agreeing to everything in your petition, you may call the clerk and set a final hearing.[29]

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  1. 1

    File a response to the other parent's counter-petition, if necessary. If the other parent responds to your supplemental petition past disagreeing with y'all or denying annihilation you ready out in your petition, you have twenty days to answer.

    • Florida courts besides have an canonical family law form available that you can utilize to file an reply to a counter-petition. Ask the clerk or family unit law intake staff for a copy of Family Law Form 12.903(d).[xxx]

  2. 2

    Participate in mediation. Some courts in Florida require parents to nourish mediation if in that location are contested issues before having a judge agree a formal hearing on a supplemental petition to lower child support.[31] [32]

  3. 3

    Complete your Detect for Trial. If there are contested issues that you lot are unable to resolve, y'all must file this detect to have the court ready the matter for trial.[33]

    • You tin talk to the clerk of court or other courtroom staff when you file your notice to find out how to schedule your hearing.[34] Once your hearing is fix, yous must notify the other parent.

  4. iv

    Organize your documents and evidence for trial. Before your hearing, gather all the papers you filed with the court along with whatever documentation and witnesses and then yous are prepared.

    • Collect all your documents in a folder or binder and characterization them so everything is easily accessible and you don't waste product the court'southward time shuffling through papers.
    • Read through the supplemental petition yous filed several times and take notes of the key points. Exercise speaking so you can present your argument to the gauge briefly and clearly.

  5. 5

    Appear at your final hearing. You must make it in court at the date and time your hearing is scheduled, or your supplemental petition may be dismissed.

    • Try to get to the courthouse at least a half hour before your hearing is scheduled so you lot have time to get through security and find the correct courtroom.
    • Review the courthouse rules and then you know what is and is not immune in the courtroom. Leave electronic devices such as prison cell phones at home or in your auto.
    • Dress in smashing, professional wear and treat all courthouse staff with respect. When you lot are in the courtroom, address your arguments to the judge rather than talking to or arguing with the other parent.
    • Since you filed the petition, the judge will give you the opportunity to present your example first. Then she volition allow the other parent a take chances to present his side of the story. Don't interrupt the judge or the other parent when they are speaking.

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