Florida Contested Child Support Modifications

Child support issues in Florida can become very complex when there is a change of circumstances with regard to financial status after a final judgment. While both parents may come to an agreement with regard to a certain amount of support, this agreement is not always binding. A parent may come to a new agreement to pay a higher amount of support because of an increase in income, or because the other parent might believe a lower amount of support is required.

In this article, the Tampa, FL, child custody lawyers at Faulkner Law Group, PLLC, will discuss a case in which one party contested the amount of child support they were paying and how it related to Florida family law. 

Background of the case 

In the aforementioned case, there existed a child support award from a prior final judgment between the husband and wife. However, with the passage of time, a change in the parties’ financial conditions led to a return to court in a modification action.

The mother filed a petition for an upward modification of child support since she believed there had been a substantial increase in the father’s income since the last child support amount was determined. The father also filed a petition for a downward modification because he believed that the current child support amount was excessive.

This presented a direct conflict on important issues that are often involved in child support disputes. These included:

• How the court should treat major income changes
• How the child support guidelines apply
• How the court should apply child support guidelines for parents with higher incomes

Based on the evidence presented, the trial court varied the child support award and gave great weight to the needs of the children over the guidelines framework and required findings. The trial court found in favor of the father and reduced the amount of child support he paid. The mother appealed the decision. 

The appeal 

On appeal, the Second District Court of Appeal reversed the decision of the trial court and remanded the matter back for reconsideration. The court noted that while there is discretion exercised by trial courts in Florida cases involving child support payments, this discretion cannot be exercised outside of Florida law.

In contested modification cases, the following are the proper legal standards for modification of support that must be applied by the courts:

• Whether there has been a substantial, material, and unforeseen change in circumstances
• Whether the child support guidelines support the modification request

The appeals court found that the trial court’s reasoning was tainted with legal error in terms of applying the law to arrive at the proper amount of child support. As such, the amount of child support could not stand. 

Talk to a Tampa, FL, Child Custody Lawyer Today 

Faulkner Law Group, PLLC, represents the interests of Tampa residents who need to modify a child support payment. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

case-law.vlex.com/vid/g-w-v-c-942514892