I Think I Am Entitled to More Child Support: What are My Options?
Are you a custodial parent in Florida who is receiving child support? If you believe that you are not receiving as much as you should, you could potentially be entitled to additional support through a modification. At the Law Office of Gale H. Moore P.A., we are well-versed in Florida’s child support laws. Here, our Clearwater child support attorney provides a more comprehensive overview of your options if you believe that you are entitled to an increase in child support in Florida.
Know Your Rights: You Can Seek a Child Support Modification
First and foremost, it is important to emphasize that child support is not set in stone. You have the right to seek a child support modification to seek an increase in the amount of child support. If the financial circumstances have significantly changed, such as if your co-parent is earning far more money than they were when child support was set, you may be eligible to get an increase.
You Should Recalculate Support Under Florida’s Child Support Guidelines
You should determine whether the current order materially differs from the amount required under Florida’s child support guidelines. The calculation accounts for each parent’s net income, the number of supported children, time-sharing, health insurance premiums, and qualifying childcare expenses. Income may include wages, bonuses, commissions, overtime, self-employment earnings, rental income, retirement benefits, and other recurring payments. An increase in the other parent’s earnings, the discovery of previously unreported income, or higher child-related expenses may support a larger award. Florida law presumptively requires the guideline amount unless the court makes findings supporting a permissible deviation (Fla. Stat. § 61.30).
A Parent Seeking a Change Must Prove a Substantial Change in Circumstances
An existing child support order cannot ordinarily be increased simply because the receiving parent believes that the amount is unfair. The parent requesting modification must establish a substantial, material, and sufficiently permanent change that occurred after entry of the existing order. Some of the potential grounds for a child support increase in Florida include:
- A significant increase in the paying parent’s income;
- Increased daycare costs;
- Newly available health insurance;
- Extraordinary medical or educational needs; and
- A lasting change in the parties’ actual time-sharing arrangement.
Note: When the guidelines themselves provide the basis for modification, the difference between the existing obligation and the recalculated amount must generally equal at least 15 percent or $50 per month, whichever is greater. Still, the specific circumstances always matter.
Call Our Clearwater, FL Child Support Lawyer for a Confidential Consultation
At the Law Office of Gale H. Moore P.A., our Clearwater child support attorney puts parents first. If you have any questions or concerns about seeking an increase in child support, we can help. Contact us today to set up a strictly confidential consultation. We put clients first. Our family law team handles child support cases in Clearwater and throughout the broader region in Pinellas County.
