Child Support Modifications Lawyer in Fort Lauderdale
Court-ordered child support can be modified when there are substantial, material, and unanticipated changes in circumstances. Losing your job or receiving a pay cut may qualify for a reduction under certain circumstances. If one of the parents receives a raise or a promotion, this may also result in a change of the amount due in child support.
Why An Attorney Is Important When Modifying Support
In order to start an action for modification of child support, you need an experienced child support modifications attorney in Fort Lauderdale to file a Supplemental Petition for Modification. This is not something that happens automatically and if it is done incorrectly, you may be placed in a position where you end up paying the other side’s attorney fees.
At The Law Office of Gustavo E. Frances, P.A., I routinely file petitions like this and am familiar with the local rules and requirements that must be met before a modification can be granted. If you are familiar with the other parent’s income and all of the child’s monthly expenses, I can give you an estimated monthly payment during the free initial consultation.
Child support modifications can be done both in an upward manner and in a downward manner. If the other parent starts to receive new income or receives a large promotion or raise, then you need an experienced Fort Lauderdale child support modifications attorney to prove that there has been an upward change in his or her income in order to have the Child Support Guidelines recalculated to ensure that the fair amount of child support is being paid.
How Time-Sharing Affects Support
One of the main reasons that the amount of child support can change is a change in the amount of time-sharing. Child support directly relates to the amount of time spent with a child. The more time you spend with a child the less you pay child support.
If one parent is not exercising the time-sharing that he or she has been given by the court, then you may be entitled to get additional support to make up for the time he or she does not use.
FORT LAUDERDALE CHILD SUPPORT MODIFICATIONS
CASES: OTHER ‘SUBSTANTIAL CHANGES IN
A change in either parent’s income or a failure on the part of a parent to exercise their full-time-sharing rights aren’t the only factors that may influence a court’s decision to grant a request to modify child support payments. Florida family courts may grant such requests due to various other “substantial changes in circumstances.” Examples include:
- A child, child support payer, or child support recipient becoming disabled
- Significant changes in health insurance costs for either parent or the child
- Significant changes in medical expenses
- Significant changes in the cost of childcare
That’s not an exhaustive list. If you’re not sure whether the nature of a change in circumstances (whether for yourself, your child, or your ex) warrants a modification of an existing child support order, review your case with a legal professional who has experience handling such matters. A qualified Fort Lauderdale child support modifications attorney can provide you with an honest assessment regarding whether a request to modify a child support order is likely to be granted.
THE ROLE OF A FORT LAUDERDALE CHILD SUPPORT
The manner in which a lawyer assists you when you’re attempting to modify the terms of a child support order can vary depending on the circumstances. For example, perhaps you’ve been ordered to pay child support, but you’re now unable to pay the amount you have been paying because you lost your job. A lawyer could potentially help you in this scenario by:
- Providing documentation of your loss of income
- If necessary, demonstrate that you did not purposefully try to lose your job in an
attempt to reduce your child support payments to “get back at your ex”
- Demonstrating why the amount you pay in child support should be reduced by a certain amount of money
Those aren’t universally applicable examples. The way a lawyer approaches your case would differ from the above if, for instance, you believed a child support modification was justified because your ex who currently receives support payments got a new job or earned a raise and is therefore in a better financial position to address your child’s needs.
At our Fort Lauderdale child support modifications law firm, we understand that everyone’s circumstances are unique. We tailor our approach accordingly. We’ll take the time to learn about your situation and implement the proper strategy based on your needs
DON’T STOP PAYING CHILD SUPPORT WITHOUT AMODIFICATION
The fact that you lost your job and are no longer able to make child support payments doesn’t mean you can simply stop doing so. Until the terms of a child support order have been officially modified by the court, you are still legally required to make payments according to the same schedule and in the same amounts as you have been.
This highlights the importance of enlisting a Fort Lauderdale child support modifications attorney’s help sooner rather than later. If a major change in your financial situation is likely to prevent you from making payments, you need to take legal action right away.
Don’t Waste Money By Overpaying Support
The changes will not take place until the motion is filed. Every day that passes without the motion is money that is either overpaid or lost. The changes that are requested in the motion can be retroactive to the date of filing the motion. As your child support modifications lawyer, I will fight for you.
The Law Office of Gustavo E. Frances, P.A., is able to review your case in a free consultation and let you know if you qualify for any sort of modification and what the best way to obtain your modification is. Don’t wait until the last minute — when it comes to these modifications, time is money.
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For legal representation in any dissolution of marriage matter, please reach out to me online or call me toll free at 954-533-2756.