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Modifying Child Support in the Orlando, Florida Area 

The burden of establishing that a reduction in child support is necessary is on the party seeking modification. Judicially created heavier burden standard has been superseded by statute and is inapplicable to cases where a petition seeks to decrease agreed upon child support-Petitioner’s burden of proof when seeking to reduce an agreed- upon child support amount is substantial change in circumstances. There is conflict in the district court and has been certified of great public importance requesting the Florida Supreme Court to decide.

Orlando, Florida Child Support Guidelines

Florida Statute 61.30(1)(a) provides in pertinent part: The child support guideline amount determined by this section presumptively establishes the amount the trier fact shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter. 

The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guidelines amount only upon a written finding, explaining why ordering payment of such guidelines amount would be unjust or inappropriate. 

If the Parent’s Income Increases

The statutory child support guidelines award greater support as the parent’s income increases. Is there an increase in a party’s ability to pay child support? An increase in the ability to pay is itself sufficient to warrant an increase in child support. In cases where one party makes great wealth, the court applies the good fortune factor. The court must base child support on not only the child’s need but on good fortune. There is a good fortune on top of the base need. 

Determining Who Pays the Attorney’s Fees

You may also request attorney’s fees in a modification of a child support case. Florida Statute 61.16 deals with attorney’s fees. The court will look at the parties financial resources, which considers the parties’ income and assets. Is there a need by one party for attorney’s fees? Is there an ability to pay by the other party? These are all factors that need to be considered. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.