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After your divorce is final, you and your ex-spouse have continuing obligations under the terms of the decree. One of these obligations is child support. Neither party can single-handedly change a child support order. To modify the terms of your decree and change the amount of support, you must seek judicial approval because without a court order, any change to your support amount is unenforceable.

So if you and your spouse agree verbally that you can decrease the amount of child support you pay, that verbal agreement is not enforceable — and you may find yourself liable for all the back child support if your spouse eventually decides to go to court for them.

As time passes, situations change and support orders may need modification to reflect changes in circumstances. There is a proper way to go about seeking a modification. To file for a modification of a child support order, you must meet the following requirements

  • Your support order still has more than six months to go before it expires
  • Your support order has not changed or been reviewed in the last three years
  • A showing is made of a significant change in circumstances such as increased medical needs of your child, loss of a job, or a significant change in income of either party

Be wise and seek professional guidance on how to properly modify your support order so that it is enforceable and so that you are not found to be in violation of your court ordered support obligations. Your Tampa divorce attorney can help.

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