Modification of Child Support
The law offices of modification of child support attorney Jessica Mishali represents spouses who are seeking either an increase or decrease in child support. We are highly experienced in handling modifications of child support and the sometimes associated issue of modification of timesharing. Modifications of child support and time sharing can occur between formerly married spouses or between parents who were never married. It is important to consult with an experienced attorney who can navigate through the court process and protect the rights of the parent.The Basis for Modification of Child Support
In order to modify child support a former spouse or a parent if the parties were not married must file a Petition for Modification of Child Support. The petition must allege a substantial change in circumstances since the last judgment or order concerning child support. Child-support guidelines can serve as a basis for either upward or downward modification of child-support. Typically, the petitioning party who is seeking an increase in child-support will do so on the basis that the paying party has had a permanent increase in income. Also, the petitioning party can allege that he or she has had a permanent decrease in income, which would necessitate an upward modification of child support. An additional ground for modification of child support can occur when a child of the parties reaches the age of majority which in Florida is 18. A common misconception is that if the parties have two or more children and one of them is no longer a minor that the child support is automatically decreased by one half or one third as the case may be. The actual modified amount of child support must always be based upon the child-support guidelines. The court will not automatically reduce child-support when each child attains the age of majority. It is still necessary to file a petition for modification. All child-support orders entered after October 1, 2010 must provide a schedule that shows the amount of child support that will be owed after one or more of the children are no longer entitled to receive child-support and the month ,day and year that the reduction or termination of child-support becomes effective.Procedure for Child Support Modification
As in the original divorce or paternity case, the parties must participate in mandatory financial disclosure. At a minimum, the parties must file a new financial affidavit which indicates their current income. Our office is careful to review an opposing parties financial affidavit and seek further documentation in order to establish the true income of the opposing party. As in the original divorce proceeding or paternity case, the modification can be accomplished by written agreement or submitted to the court at a contested hearing if the parties were not able to agree. Whenever possible, our office will endeavor to reach an amicable agreement if at all possible. However, if an amicable agreement cannot be reached, we are highly experienced litigators and will proceed as necessary.
For more information about modification child support, please call an experienced West Palm Beach modification of child support attorney act (561) 833-2772 or contact us online for a consultation.