Florida Court Clarifies Child Support and Timesharing Modification Standards

Custody disputes are among the most difficult cases that family courts hear. Matters such as timesharing, child support, and parental fitness all intersect to cause a great deal of stress for both parties. In this article, we’ll review a real Florida family law case in which the mother petitioned the court for more child support money after the father’s increase in income, and the father petitioned the court for an equal timesharing schedule.

Background of the case 

The spouses were divorced in 2017 with one minor child. According to the initial order, the father had to pay approximately $331 monthly in child support.

Some time later, the mother applied for a modification of the terms of support, arguing that her circumstances had changed considerably and, therefore, the modification was necessary. First of all, according to her, there had been substantial increases in the needs of the child as well as an increase in the earnings of her former spouse. Moreover, she stated that he did not comply fully with the previous agreement on timesharing.

The former husband denied that the modification was needed and even submitted his petition for changing timesharing. He wanted the parties to have equal timesharing rights over the child. The reason for this was that the father was now able to afford a house with room enough for a child. Moreover, he had a new wife who would help him take care of the child.

Testimony of both sides, including financial data, tax records, etc., were provided to the general magistrate.

The appeal

After considering both sides of the case, the lower court ruled for an increase in child support payments but denied the former husband equal timesharing. The father decided to appeal the trial court’s decision. Unfortunately for the father, the Florida Third District Court of Appeals fully upheld the decision of the trial court.

As for the child support, the court noted there was sufficient evidence proving a material and substantial change in circumstances in favor of the mother’s petition. Specifically, the father’s income has increased significantly since his divorce from the mother.

As for the denial of timesharing, the appellate court denied the petition of the father to change the current timesharing schedule. According to Florida law, a person seeking a change in timesharing should prove a significant, material, and unforeseen change in circumstances. The court pointed out that simply improving personal living conditions was insufficient for meeting such requirements.

Florida appellate courts ruled several times in the past that having a better place to live, improving financial conditions, or creating a better atmosphere for living was not a substantial change in conditions, which can justify a change in the parenting plan established by the divorce court.

Talk to a Tampa, FL, Child Custody Lawyer Today

Westchase Law, P.A., represents the interests of parents during custody disputes. Call our Tampa family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.

Source:

law.justia.com/cases/florida/third-district-court-of-appeal/2024/3d24-0304.html