Modification of Child Support: Don’t Avoid Paying

It’s human nature to want to avoid unpleasant experiences.  That’s why there are so many cavities and income tax extension requests.  However, one thing that people should not avoid is paying court-ordered child support.

Not everyone follows this advice.  According to the Trumball Patch, one man faces two years in prison and a $250,000.00 fine, on top of the $175,000.00 he owes in back child support.  Apparently, his aversion to paying child support persisted since 1993.

If you have been ordered to pay child support, and there has been a substantial change in circumstances that has affected your ability to pay, in Florida you may have the option of seeking a modification of your child support order.

The change in your ability to pay must be significant, permanent (or at least for an extended period of time), and involuntary.  So, for example, a judge may not grant a modification of child support order if the reason your ability to pay has been affected is that you quit your job because you didn’t particularly like it.  Quitting would be considered a voluntary act and, accordingly, not a basis for modification.

To get the ball rolling, you must file a Supplemental Petition for Modification of Child Support.   A final hearing on modification may take place many months after you file your supplemental petition; however, your judge will have the option of making any change in child support retroactive to the date you filed.  In other words, the sooner you file, the sooner your child support obligation may be reduced.

So don’t just avoid paying child support.  Do something about your obligation.  Contact a family law attorney if you have questions about modifying your child support order.