Child Support

Child support is governed by Florida Statute and is based on a variety of factors.  Even though parents of a child may agree on the amount of child support that will be paid, often parents are surprised when the court sets a different amount in its order for child support.  It is the statutes, and not the parents, who eventually drive the determination of the appropriate amount of child support that one party will pay to the other party.

Child support is not necessarily just a part of a marital dissolution. Couples with children who are not married can also be parties to an action for child support. If you are a single parent who never married the parent of your child, contact Allen Law, P.A. for a free* initial consultation to determine if you want to seek child support to help with the cost of raising your child. If you are being sued for child support, you may want to seek legal advice to ensure that any child support that is ordered is the appropriate amount.

Modification of Child Support

Once child support is ordered, it can be modified.  The first step is determining whether Florida can assume jurisdiction to modify the child support.  If the initial child support order was issued by a Florida court, then Florida has continuing jurisdiction and can entertain a petition to modify support.  If another state issued the original child support order (that state had original jurisdiction), Florida can only entertain a petition if

1. None of the parties to the original order reside in the state that issued the original support order, and
2. The child resides in the state of Florida. 

If one of the parties continues to reside in the state that had original jurisdiction, then that state has continuing jurisdiction to consider modifications.  If all of the parties have left the state with original jurisdiction, the state where the child now resides will retain jurisdiction over the child and is the appropriate state to seek a child support modification.

Second, Florida requires a substantial change in circumstances before it will entertain a new order. This generally means either a significant increase or decrease in one of the parent's income, or an increase or decrease in parenting time that could effect the calculation of child support. Allen Law, P.A. can help you determine whether seeking a child support modification is appropriate in your case. Contact us today for a free* initial consultation.