Articles Posted in Modification of support orders

Published on:

A modification of child support, or alimony as well, is based upon an unforseen, involuntary, permanent and substantial change in circumstances. Florida statute 61.14 provides the statutory basis for a modification of child support and alimony.

If the court, after entertaining a petition for modification of support, either upward or downward, finds that there was a change in circumstances, or the financial position of either party has changed, the court can enter an order, retroactive to the date of filing the petition, granting the modification.

Often times it takes a considerable amount of time to have a matter scheduled for hearing before the court. The length of time varies between the particular judge and the courthouse in which the petition is pending.
1380007_one_dollar.jpg
This is the rational behind the rule that petitions , if granted, are retroactive back to the date of filing. There is one important exception to this rule. If a parent seeks an upward modification of child support when the obligor is not exercising the agreed upon time sharing, the modification of that particular support obligation is retroactive to the date when the obligor first stopped adhering to the agreed upon time sharing schedule.

Terrell Owens, a well known player in the NFL
, was recently seeking a reduction of his child support obligations. His claim was based upon his current state of financial affairs. His efforts to reduce his support obligations would most likely have been successful, but for the fact that he most recently signed a new contract with the Seattle Seahawks for a reported sum of $1,000,000.00.

The case of Terrell Owens illustrates the point well. In order to obtain financial relief, there must be a certain degree of permanency in the change of one’s financial picture, not merely a temporary one.

If you have circumstances that you believe would warrant either an increase or decrease in your support obligations, you can call the law office of Alan R. Burton anytime. With over thirty years of experience in family law matters, Mr. Burton is well qualified to assist you with your questions. He maintains offices in Boca Raton and Fort Lauderdale, Florida. Feel free to call him today. He will be available to discuss your case.

Published on:

Support orders in Florida, including child support and most alimony awards, are subject to modification, based upon a change in circumstances.

There is a statute on point in Florida which governs the procedure for modifying support orders. See Florida Statute 61.14.

The statute is broad, but the essence of the law is to provide for a modification when there is a material and substantial change in circumstances, which was unanticipated, or when the financial circumstances of the parties warrant a modification.

Divorce in Florida is conducted in “courts of equity”, and fairness to all those involved is an underlying characteristic of these proceedings.

1040137_justice_srb_2.jpg

If an obligor who is paying support has fallen on bad times through no fault of his or her own, the court should be readily willing to make the appropriate adjustment in support, either on a temporary permanent basis.