It can be difficult to make child support payments when you lose your job.You can ask the court to lower your child support payments in Florida.Florida law allows child support to be changed at any time if you can show a change in circumstances.
Step 1: Do you know about Florida child support law?
Make sure you have a good understanding of the state's child support guidelines and how they apply to your situation if you want the court to modify your existing support.Child support can be changed if there is a significant change in circumstances.It is significant if it changes support by at least 15 percent.Child support payments must be lowered by at least 15 percent or $50 if the change in income is greater.To figure that out, you need to review Florida's child support guidelines.If the new child support called for under the guidelines is less than $850, you can modify the order.Changes in expenses could affect child support.If you paid for part or all of your child's daycare when they went to kindergarten, that could support a petition to lower child support.Modifications might be supported by an increase or decrease in the cost of insurance premiums.Florida uses a model that estimates how much money will be spent on the child if the parents are still together, then divides that amount between their incomes.If you have a general idea of net monthly income of the other parent, as well as the costs of daycare and insurance, you can use the quick calculator available at http://www.alllaw.com/calculators/childsupport/florida to get a rough estimate of your childIf the difference is large enough to qualify for modification, you can compare that amount to the amount in the initial order.You must be able to show that the change is in the child's best interest once you've gotten over the substantial change hurdle.
Step 2: Speak to the other parent.
The process of getting the court's approval will be easier if you can get the other parent to agree to your request.The judge's discretion is what determines whether to grant a petition to modify child support.Judges are more likely to approve a modification if both parents agree to it.Even if you and the other parent agree that a modification is necessary, you may disagree on other issues such as the number of overnights or other terms of the support agreement.
Step 3: Consider working with an attorney.
An attorney can help you protect your interests if the other parent contests your motion to lower child support payments.There is room for interpretation of the child support guidelines.Make sure the amounts are calculated correctly with the help of an attorney.If you need an attorney for the original divorce or custody proceeding, you should contact a lawyer.If you had an attorney for the original custody action, you may be able to talk to her about modification.She'll have the information she needs from the original order since she handled it.
Step 4: Copies of the forms are needed.
You can get pre-approved forms at clerk's offices or legal aid clinics if you want the court to modify child support.Instructions on how to fill out the family law form can be found in the court-approved form.Before you start filling out the form, make sure you read the instructions.
Step 5: You need to gather information to support the petition.
Documentation of the change in circumstances that you argue requires the original child support order to be modified is required.Before you start filling out the form, you should read through the instructions and form.
Step 6: You should draft a supplemental petition.
Explain to the court why you want your child support lowered.If something happened in your life that changed your ability to pay support in a permanent way, you need to be able to prove that modification is necessary.If you quit your job to attend medical school, Florida courts wouldn't consider that a change that supported modification of your child support obligation because you made a voluntary decision.If the amount you are requesting is not in line with the guidelines, you must file a Motion to Deny from Child Support Guidelines.If you're using the approved form for your supplemental petition, make sure you use blue or black ink to type your answers.
Step 7: You can sign the supplemental petition.
You have to sign your forms in the presence of a deputy clerk or a notarial public.You need to make copies of your petition so you can serve the other parent.When you file, the originals will be kept by the clerk.
Step 8: You can file a supplemental petition with the clerk.
The original child support order can be found at the clerk of the court.In Florida, the same court that entered the initial order has continuing jurisdiction over any modifications to that order, including the amount of support and the terms of that support.Procedures may be different depending on where you file and if the Florida Department of Revenue has been involved in your case.A filing fee is required to file a supplemental petition.You can apply for the fee to be waived if you can't afford it.You can get this application from the clerk, who will let you know what other forms you need to fill out.
Step 9: Have the other parent serve.
You have to serve a copy of your petition on the other parent.If you know where the other parent lives, you can use personal service through the sheriff's office.
Step 10: Wait for a reply from the other parent.
You can file a motion for default if the other parent doesn't respond within 20 days.You can set a final hearing if the other parent agrees to everything in your petition.
Step 11: If necessary, file a rebuttal to the other parent's counter-petition.
If the other parent disagrees with you or denies anything in your petition, you have 20 days to respond.You can use an approved family law form to file an answer to a counter-petition.You can get a copy of Family Law Form 12.903(d) from the family law intake staff.
Step 12: You can be involved in mediation.
There are some courts in Florida that require parents to attend mediation before having a judge hold a formal hearing on a supplemental petition to lower child support.
Step 13: You need to complete your Notice for trial.
If you can't resolve the issue, you have to file a notice with the court to set it for trial.You can talk to the clerk of court if you want to schedule your hearing.You have to notify the other parent when your hearing is set.
Step 14: You should organize your evidence for a trial.
If you want to be prepared for your hearing, you need to gather all the papers you filed with the court.You don't waste the court's time shuffling through papers if you keep your documents in a folder or binder.Take notes of the key points when you read through the supplemental petition.If you practice speaking, you will be in a better position to present your argument to the judge.
Step 15: At your final hearing, appear.
If you don't show up at the time and date of your hearing, your supplemental petition may be dismissed.You have time to get through security and find the right courtroom if you get to the courthouse at least half an hour before your hearing.The rules of the courthouse should be reviewed so that you know what is and isn't allowed in the courtroom.Cell phones should be left at home or in your car.All courthouse staff should be treated with respect.Instead of arguing with the other parent, address your arguments to the judge.The judge will allow you to present your case first after you filed the petition.She will allow the other parent to give his side of the story.When the other parent is speaking, don't interrupt them.