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Is my ex entitled modify the child support?

One of the most frequent questions we receive as family law attorneys in Florida concerns the modification of child support.  Under Florida family law child support is modifiable until the emancipation of the child.  Emancipation usually takes place when either a child turns 18 or graduates high school.  The terms and conditions of the marital settlement agreement or paternity agreement will usually specify when child support ends.  So the question becomes, what happens to my child support payment if you get a raise.   Unless your agreement has specific language in your settlement agreement dealing with wage increases nothing automatically happens if you get a raise.   Under Florida family law, if the receiving parent wants more child support they MUST file a petition with the court to increase child support.  In other words, if a petition to modify child support is not filed the prior court ordered amount of child support will continue.  Once a petition to increase child support has been filed, the court can retroactively modify child support back to the day in which the petition to increase child support has been filed.

So here is where the issue of child support gets very tricky.  In order to increase child support there must be increased payment of child support of either 15% or $50 which is ever greater.  If the additional income does not result in an increased payment of 15% of the sum of child support already order or at least $50.00 per month the parent seeking increase of child support will be denied the requested increase.  This statutory scheme prevents people from filing modifications of child support over very low amounts.

If you have a question related to a divorce, child support, or paternity please feel free to make an appointment with one of our family law attorneys.  We can be reached at 954*385-1536.