If you’ve recently lost your job, lost an income stream, or are otherwise in dire straits financially, you can ask the court to modify your child support payments. You do, however, have to prove that there has been a “substantial change in circumstances” that’s impacting your income. In this article, the Tampa, FL, child custody attorneys at Westchase Law, P.A., will discuss the case of Mannella v. Mannella, in which the father petitioned the court for a reduction of his child support payments.
Background of the case
The former husband and former wife were divorced in April 2018. Their final judgment (based on a marital settlement agreement) required the father to pay $2,000 per month in durational alimony to his wife. In addition, he was required to pay $250 per month in child support. The father petitioned the court to reduce his child support payments, based on:
- A substantial increase in his wife’s income
- A substantial decline in his own income
- A disparity between his current child support obligation and the guideline amount (15% or $50, whichever is greater)
In addition, he also sought retroactive adjustments.
In this case, the court found that although the mother’s income had definitely increased, the father’s income had also increased, more than he was willing to acknowledge. According to the pleadings, the father had shifted from self-employment into a salaried role. Ultimately, the court found that he was earning around $90,000 per year.
In addition, the circumstances of the mother had also improved. She went from being unemployed to working at a bank, earning $40,000 per year plus $2,000 in alimony. On the other hand, she now took on the childcare costs and insurance for the child.
Importantly, the trial court found that the father voluntarily modified his employment in the hopes of terminating his child support obligation. This finding supported the trial court’s denial of his petition.
To successfully petition the court to reduce child support payments, you must prove that the change in your income is substantial, material, involuntary, and permanent. These factors apply regardless of whether child support is based on agreement or court order under Florida Statutes § 61.14(7). His petition to modify his support obligation was ultimately denied by the court.
He appealed the trial court’s ruling, and the Sixth District Court of Appeal affirmed the trial court’s decision, finding that there was no abuse of discretion as the husband had pleaded. The court emphasized that the father’s income had increased, and his actions were voluntary to reduce his support burden. Thus, the change in income was not involuntary as required by statute.
Talk to a Tampa, FL, Child Support Attorney Today
Westchase Law, P.A., represents the interests of parents in child custody cases involving child support payments. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
Source:
caselaw.findlaw.com/court/dis-crt-app-flo-six-dis/2192620.html