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How can you apply for modification in child support in the…

Customer Question
How can you apply...

How can you apply for modification in child support in the state of Florida if your job has changed your income

Lawyer's Assistant: What steps have you taken? Have you filed any papers in FL family court?

There is a child support order but it is in default because I cannot afford it. I have started a new job and my income is lower so I am not sure how to file this

Lawyer's Assistant: Have you talked to a lawyer about this yet?

I can not afford a lawyer

Submitted: 1 month ago.Category: Family Law
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1/4/2018
Family Lawyer: KLAW, Lawyer replied 1 month ago
KLAW
KLAW, Lawyer
Category: Family Law
Satisfied Customers: 1,934
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Customer reply replied 1 month ago
How can I do a modification in child support in the state of Florida since my job has changed I can not afford what they have set it at now
Customer reply replied 1 month ago
no I am not interested in talking to you for $59 on the phone
Customer reply replied 1 month ago
are you able to answer the questions I have already paid for?
Family Lawyer: KLAW, Lawyer replied 1 month ago

Ok. I will type your answer online now. Decline the call. It is an automatic request.

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Customer reply replied 1 month ago
There is not a decline the call button.
Family Lawyer: KLAW, Lawyer replied 1 month ago

Ok. The just don't accept and it should go away.

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Family Lawyer: KLAW, Lawyer replied 1 month ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Since there is a prior court order in place that requires child support, you can file for modification any time there is a “substantial change in circumstances.”

The substantial change may consist of a change income, such as your lower income. The arrears will not affect your right to file the petition to modify. The Florida child support statutes allow a modification petition anytime the petition would result in a change in support of at least 15% or $50 (whichever is greater).

The most common reason for a change in child support is a change in income. The change can be downward. Under Florida law there is no absolute amount the income must change before filing for modification. But whatever the change, the revised incomes must result in the child support amount changing by at least 15% or $50.

So if you do reach the threshold, which I believe you do based upon your question, you need to file le a Supplemental Petition to Modify Child Support. You should be aware that a supplemental petition is similar to the original case and is not a quick procedure. Here is a link to the forms which can be used in any county.

http://www.alachuaclerk.org/forms/Packet4.pdf

I hope this clarifies.

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. We as attorneys are not employees of just Answer and are not paid unless you rate the question with stars. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

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Customer reply replied 1 month ago
I was told you have to be at your new job for one year to file this modification is that true? Is there lawyers who work for free or low income to help
Family Lawyer: KLAW, Lawyer replied 1 month ago

No. Child support awards may typically be modified when, under the law and in the court's eyes, a "substantial change in circumstances" takes place. The legislature, and therefore the courts, deems that a substantial change has occurred whenever there is a significant change in income or financial ability of either party. In order for the court to find that a substantial change in circumstances warranting a modification has taken place, the amount provided for under the Child Support Guidelines must be at least a 15% difference (or $50.00 per month, whichever is greater) from the amount previously ordered. The time at a new job is not relevent. I hope this clarifies.

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Customer reply replied 1 month ago
Do you know of lawyers that work to help fill these papers out at a low or free of charge because I can not afford an attorney>
Family Lawyer: KLAW, Lawyer replied 1 month ago

T​he Flordia Bar Association does provide pro- bono attorney referrals. Here is a link. https://www.floridabar.org/

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Family Lawyer: KLAW, Lawyer replied 1 month ago
If you have any additional question please just ask
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