How to Lower Child Support in Florida

Preparing Your Supplemental Petition

Research Florida child support law. Before you request the court modify your existing child support, make sure you have a good understanding of the state's child support guidelines and how they apply to your situation. Florida law allows child support to be modified any time there is a substantial change in circumstances. A change is substantial if it changes support by at least 15 percent or $50. There is no absolute amount that your income must change, but the change in income must lower your child support payments by at least 15 percent or $50, whichever is greater. To figure that out, you must review Florida's child support guidelines and make the appropriate calculations. For example, if you currently are paying $1,000 in child support, you are only eligible to modify the order if the new child support called for under the guidelines would be $850 or less. Changes in expenses also could alter child support, if expenses such as daycare have been factored into child support. For example, if you were paying for part or all of your child's daycare, and then your child turned 5 and went to kindergarten at public school, that might support a supplemental petition to lower child support. Since health insurance also is included in the equation to determine child support, an increase or decrease in the cost of insurance premiums might support a modification. Generally, Florida uses a model that estimates how much money would be spent on the child if the parents were still together, then divides that amount between the parents according to their incomes. Provided you have a general idea of the 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 child support obligation. You can then compare that amount to the amount in the initial order to see if the difference is large enough to qualify for modification. Once you've gotten over the substantial change hurdle, you also must be able to show that the change is in the child's best interest.

Talk to the other parent. If you can get the other parent to agree to your request for modification, the process of getting the court's approval will be much easier. Although Florida law has some guidelines, whether to grant a petition to modify child support is always ultimately in the judge's discretion. Judges may be more likely to approve a modification if both parents agree to it. Keep in mind that even if you and the other parent generally agree that a modification is necessary, you may find you disagree on any number of other issues such as the number of overnights or other terms of the support agreement.

Consider consulting an attorney. Especially if you anticipate the other parent will contest your motion to lower your child support payments, an attorney can help you best protect your interests and the interests of the child. The child support guidelines can be complicated, and there is room for interpretation. An attorney can help you make sure the amounts are calculated correctly. Particularly if the other parent has an attorney, or if you needed an attorney for the original divorce or custody proceeding, you should contact an attorney to help you with your modification. If you had an attorney for the original custody action, typically you can call the same attorney back and talk to her about modification. Since she handled your original case, she'll already have the information she needs from the original order.

Get copies of the appropriate forms. Florida courts have pre-approved forms you can use to ask the court to modify child support, available at clerk's offices or in legal aid clinics. The court-approved family law form comes with instructions on how to fill it out properly. Make sure you read those instructions before you begin filling out the form.

Gather information to support your supplemental petition. You must include documentation of the change in circumstances that you argue requires the original child support order to be modified. Read through the form and instructions so you know what information you need before you start filling out the form.

Draft your supplemental petition. Fill out the forms explaining to the court why you want your child support lowered. Generally, you must be able to prove that modification is necessary because something happened in your life that significantly changed your ability to pay support in a permanent way, and that the change was involuntary. For example, if you quit your job to attend medical school, Florida courts would not consider that a change that supported modification of your child support obligation because you made a voluntary decision to quit your job and attend medical school. If the amount you are requesting deviates from the guideline amount, you also must file a Motion to Deviate from Child Support Guidelines. If you're using the approved form for your supplemental petition, make sure you either type your answers or print neatly and legibly using blue or black ink.

Filing Your Supplemental Petition

Sign your supplemental petition. Once you've completed your forms, you must sign it in the presence of a notary public or a deputy clerk. After you've signed your petition, make copies so you have one for your records and one to serve the other parent. The clerk will keep the originals for the court when you file.

File your supplemental petition with the clerk. You must take your supplemental petition and copies to the clerk of the court where the original child support order was entered. 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 differ slightly depending on the county where you file, or if the Florida Department of Revenue has been involved in your case. You must pay a filing fee to file your supplemental petition. If you cannot afford to pay the filing fee, you can file an application to have the fee waived. You can get this application from the clerk, who will let you know what other forms you need to fill out regarding your financial status.

Have the other parent served. After you file your supplemental petition, you must have a copy served on the other parent. Provided you know where the other parent lives, your best option is to use personal service through the sheriff's office.

Wait for a response from the other parent. The other parent has 20 days to respond to your supplemental petition, or you can file a motion for default to have your request granted. If the other parent files an answer agreeing to everything in your petition, you may call the clerk and set a final hearing.

Attending Your Hearing

File a response to the other parent's counter-petition, if necessary. If the other parent responds to your supplemental petition by disagreeing with you or denying anything you set out in your petition, you have 20 days to answer. Florida courts also have an approved family law form available that you can use to file an answer to a counter-petition. Ask the clerk or family law intake staff for a copy of Family Law Form 12.903(d).

Participate in mediation. Some courts in Florida require parents to attend mediation if there are contested issues before having a judge hold a formal hearing on a supplemental petition to lower child support.

Complete your Notice for Trial. If there are contested issues that you are unable to resolve, you must file this notice to have the court set the matter for trial. You can talk to the clerk of court or other court staff when you file your notice to find out how to schedule your hearing. Once your hearing is set, you must notify the other parent.

Organize your documents and evidence for trial. Before your hearing, gather all the papers you filed with the court along with any documentation and witnesses so you are prepared. Collect all your documents in a folder or binder and label them so everything is easily accessible and you don't waste the court's time shuffling through papers. Read through the supplemental petition you filed several times and take notes of the key points. Practice speaking so you can present your argument to the judge briefly and clearly.

Appear at your final hearing. You must arrive in court at the date and time your hearing is scheduled, or your supplemental petition may be dismissed. Try to get to the courthouse at least a half hour before your hearing is scheduled so you have time to get through security and find the right courtroom. Review the courthouse rules so you know what is and is not allowed in the courtroom. Leave electronic devices such as cell phones at home or in your car. Dress in neat, professional clothing and treat all courthouse staff with respect. When you are in the courtroom, address your arguments to the judge rather than talking to or arguing with the other parent. Since you filed the petition, the judge will give you the opportunity to present your case first. Then she will allow the other parent a chance to present his side of the story. Don't interrupt the judge or the other parent when they are speaking.