Florida uses an income shares model to determine how much child support should be paid. In other words, it totals the incomes of both parents. As an example, if one parent is making $3,500 a month in net income while the other parent is making $2,500 a month, the court would consider the total value of their incomes or $6,000. For a combined net income of $6,000, the amount of child support paid would be $1,121 per month.
Generally speaking, the non-custodial parent is the one who pays child support to the custodial parent. The monthly amount of child support paid may be offset by considerations such as health care premiums, daycare, and more. Once these expenses are calculated, a final child support payment is determined.
If you believe you are paying too much in child support, contact a Tampa, FL child support modification lawyer today. We can help you determine how much money you should be paying in child support and reduce your expenses based on your income and other factors.
When can I petition the court to reduce child support?
If there is already a child support order in place, a parent may petition the court only when there are substantial changes to their income or circumstances. The substantial change generally consists of a change of income for either parent. Another potential reason to change child support is when the visitation schedule has been modified.
The most common reason that petitions for child support modification are filed is when one parent experiences a substantial change in their income. The change is not necessarily related to a reduction in income, but can also be related to an increase in income. The change can affect the parent who is paying child support or the parent who is receiving child support. While there is no litmus on how much change there must be to file for a modification of a child support petition, the resulting change must be at least 15% or $50, whichever is greater.
As an example, if one parent is paying $1000 a month in child support, any modification must be either higher than $1150 per month or lower than $850 a month. So, the resulting modification must be at least 15%.
Another reason for modifying child support is when there is a major change in parenting time. As an example, a parenting plan may have one parent spending 265 overnights with one parent while the other is spending 100. If the initial parenting plan included 300 overnights, the courts could find cause to modify a child support payment.
A third reason why a change in child support may be ordered is due to a change in expenses.
If you think you are paying too much in child support or not receiving enough, you can file a petition to change child support payments with the court. This generally requires the expertise of an experienced Tampa child support modification attorney
Contact a Tampa, FL Child Support Modification Attorney Today
Westchase Law, P.A. represents the interests of those seeking to modify a child support order. Call our office today to schedule an appointment, and we can begin discussing your next moves immediately.