If the financial situation of one parent changes, or if the financial needs of a child changes, a court order for child support may be able to be modified. Modifications may be temporary or long-term, depending on your circumstances. It would be in your best interests to seek a modification of a child support agreement before falling behind on your payments.
No matter the reason for a change in child support, it is important that you file motion with the court in order to have it changed. Falling into arrears on child support payments will not make them go away, and they cannot be reduced retroactively. Likewise, child support payments cannot be discharged in a bankruptcy. Falling behind on child support payments can result in wage garnishment, loss of your driver’s license, liens on your property and punishment for being in contempt of court.
It is important that you get a court order if you want to modify your child support agreement. If both parents can agree that a change in child support is necessary, they can file an uncontested motion with the court. If both former spouses cannot agree to a modification, you need to ask for a court hearing where each of you will be able to argue as to what is the appropriate amount. The court will then decide whether to grant a temporary or permanent modification of your child support agreement. A permanent modification of a child support agreement will be in effect until the child no longer requires support.
Whether you’re looking to decrease or increase child support payments, it is beneficial for you to work with an experienced child support modification attorney, particularly if you are planning on going to court. The court process behind modifying a child support agreement can become complicated, and it is important to work with an attorney who will protect your rights and interests. Serena Carroll is approved by the Supreme Court of Florida as a certified family law mediator. As a former Assistant Attorney General for the State of Florida, Ms. Carroll is as skilled in negations as she is in the courtroom. For more information regarding child support modifications in Florida, contact Ft. Lauderdale Modification of Child Support Lawyer Serena Carroll from The Carroll Law Firm – (954) 525-2050.