If you want to petition the court for a reduction of child support payments, you have to establish several factors. Firstly, you must establish that a substantial change in circumstances has occurred, such as the loss of a job. Second, you need to prove that the substantial change is involuntary and permanent. Failing these, the court will likely deny your request. In this article, the Tampa, FL, child custody lawyers at Westchase Law, P.A., will discuss the case of Wilcox v. Munoz, 35 So. 3d 136 (Fla. 2nd DCA 2010), in which the father petitioned the court for a modification of child support payments, and the mother contested the change.
Background of the case
In this case, the former husband and wife were divorced in New Jersey in 2005. The Final Judgment incorporated their marital settlement agreement. Under the agreement, the former husband agreed to pay $1,186 monthly in child support based on New Jersey’s guidelines. He had a net income of $7,258.40 monthly. The father also agreed to pay 70% of the childcare costs for a live-in nanny and 70% of medical, dental, and prescription expenses.
The agreement made explicit reference to the former husband’s anticipated unemployment in June 2005 would constitute a “substantial change in circumstances” that potentially warranted modification of the support award.
The former husband filed a post-judgment petition for modification that claimed his net monthly income had dropped to $1,109, while his former wife’s was $1,939. The trial court granted his modification request, reducing child support to $754.27 per month. However, the order made no findings regarding the parties’ incomes or their ability to pay, and did not attach a child support guideline worksheet.
The mother appealed the ruling.
The appeal
Section 61.30 of the Florida Statutes mandates that when calculating child support, the court must determine the couple’s combined net monthly income, assign percentage shares, and, if deviating from the guidelines by more than 5%, explain why.
In this case, the appeals court found that the trial court failed to make factual findings about the parties’ incomes. This rendered their finding erroneous on its face. The Second District Court of Appeal thus reversed and remanded the case back to the trial court, citing the lack of income findings and guideline worksheet.
Ultimately, the trial court must calculate child support based on both parties’ incomes and fill out the child support worksheet. While the trial court ruled in favor of the father, the appeals court found that the trial court failed to properly adjudicate the matter. The case was remanded back to the trial court so that the correct calculations could be made.
Talk to a Tampa, FL, Child Support Lawyer Today
Do you need to modify your child support payments? If so, call the Tampa family lawyers at Westchase Law, P.A., today to schedule an appointment and learn more about how we can help.
Source:
caselaw.findlaw.com/court/fl-district-court-of-appeal/1524846.html