Modification

Parenting Plans and Child Support Modification

Due to their nature as implicating the needs and circumstances of two parents and an ever changing and growing child, there may come a time when a Parenting Plan or Child Support order needs modification. Modifications can be available in either case under limited circumstances.

Parenting Time Modifications in Florida

Parenting Plans are highly subject to the continued utility to the parties involved. As time goes on, circumstances can change.

In order to secure a time sharing modification, the moving party must be able to show a:

  • substantial;
  • material; and
  • unanticipated change in circumstances.

The proposed modification must further be in the best interests of the child. The policy behind the revised Parenting Plan system is that parents both maximize the amount of time they spend with the child, with the ideal goal being for an equal split. Therefore, the court requires somewhat of a heightened standard for seeking to chip away at this equal split.

Additionally, under more exigent circumstances, a party may seek a temporary modification, so long as the moving party can establish that: (1) there has been a substantial change in the condition of one or both parties; and that (2) the change in custody serves the best interest of the child. Additionally, the substantial change must be one that was not reasonably contemplated at the time of the original judgment.

Child Support Modifications in Florida

Just as elements in a Parenting Plan may need to be adjusted over time, so many the circumstances surround child support need to be revisited.

In order to secure a modification of child support, the moving party must demonstrate:

  • substantial;
  • permanent; and
  • unanticipated change of circumstances.

A substantial change of circumstances may include a loss of a job, the termination of a child’s attendance at a daycare, disability of a parent, a dramatic increase in cost of child’s health insurance or daycare, and similar sorts of unanticipated costs related to the child. If a child becomes emancipated, this is also considered to be a substantial change.

Additionally, a substantial deviation in the parent’s income, whether an increase or decrease, of 15% (or $50 per month, whichever is greater), is considered to be a substantial change of circumstances.

Additionally, a change in parental income is not necessarily determinative. A higher income will not result in a greater support order absent a greater need. Alternatively, a downward modification, such as in the loss of a job, will not necessarily mean the support modification will be granted, unless it can be shown that the change was involuntary, among other considerations.

Permanency, for purposes of this section, means a change that is anticipated to last, or has lasted, for one year or more.

The Law Office of Craig W. Turner will represent your best interests in securing a Parenting Plan or Child Support Modification that fits your present needs. Contact us today to find out how we can help. You can contact us through our online contact form on our website or by calling (352) 629-4442.

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