April 27, 2018

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How can I get my Child Support Reduced?

When calculating child support in Orlando, several needs of the child are addressed. Legislators in the state of Florida believe that every child has the right to be financially supported by both parents if at all possible.

Child support in Florida is based on the net incomes of each parent, the amounts paid for child’s health insurance and daycare, and the total number of overnight visitations each parent has with the child.

Child support will include 100% of child care costs and 100% of health insurance costs for the child. Additionally, credits are given to the parent directly paying these costs. If either parent either reduces these costs or there is a need to increase these costs there is a substantial change in circumstance which can lead to a re-evaluation of child support.

As far as the overnight visitations are concerned, new child support statutes were introduced in 2011 which changed the way child support is calculated. Under the old statute the paying parent had to have the child for 146 overnights a year. Now, they only have to have 73 overnights a year. However, you must have a substantial change in circumstances or not had a review of the child support for three years to file to modify child support. The new statute expressly states that a parent paying child support cannot seek a modification solely based on the statutory change in overnights allowing a reduction in child support.

The changes in circumstances work for both parents, not only the one who is paying the support. They can include a substantial decrease in income for the person paying support on an increase for the one receiving the support. There may be a disability or long term illness of either parent. The needs of the child may have changed, for example no longer needs full time child care.

If you wish to review the amount of child support you pay you will need a financial affidavit, a child support calculation worksheet, and agreement by both sides to the changes, to save the courts making the decision.