Can I Get More Child Support If Ex Gets A New Job?
Following a divorce or separation, the parent with primary custody may be entitled to child support from their former partner. In Florida, there are basic guidelines in place to help determine how much child support a non-custodial parent must pay. Child support is based primarily on income.
This raises an important question: Can you get more child support if your ex starts making more money? The answer is ‘yes’—at least in certain circumstances. Here, our Clearwater family law modification attorney explains the key things to know about getting more child support in Florida.
Background: Florida Child Support Guidelines
Under Florida Statutes § 61.30, the state’s child support guidelines “presumptively establish the amount” that the non-custodial parent should pay each month. Put another way, Florida’s child support guidelines are used as a baseline to calculate child support obligations. These guidelines can be deviated from when good cause is shown by one of the parties. The primary factor that determines how much a parent will be required to pay is their income. The term income is defined broadly for the purposes of child support in Florida, it includes:
- Bonuses and commissions;
- Business income;
- Rental income;
- Disability payments;
- Unemployment compensation;
- Pension benefits; and
- Any other source of financial support.
Child Support Can Be Modified for a Substantial Change in Circumstances
Once a child support order or agreement is in place, the non-custodial parent has a legal duty to make payments in full and in a timely manner. The child support amount can change—in either direction—when warranted by changing circumstances. As explained by the Florida Department of Revenue, either parent has the right to request a change in their child support case by:
- Requesting the Child Support Program to review the order; or
- File a petition with the court for a child support modification.
You can file for a child support modification based on a substantial change in income. If your former spouse or former parent is making significantly more money than they were previously—whether because of a raise or a new job—that may be deemed good cause to get additional child support. A Florida child support modification lawyer can help you take action to get more financial support.
Note: In Florida, there is a general presumption that a substantial change in circumstances requires at least a 15 percent increase in the child support amount or a $50 per month increase in the child support amount—whichever is greater.
Get Help From a Child Support Modification Lawyer in Florida
At the Law Office of Gale H. Moore P.A., our Clearwater family law attorney has the skills and knowledge to handle the full spectrum of child support modification cases. If you have any questions about increasing child support, we can help. Contact us now for a completely confidential review of your family law modification case. We provide family & divorce representation throughout the region, including in Clearwater, Largo, Dunedin, Feather Sounds, Oldsmar, and Tarpon Springs.