Child Support Amendment After 4 Years
by Shawn from Port Charlotte, Florida, Charlotte County
I wanted to know if I could amend my child support based on my ex spouses inability to get a job. We agreed to my current support obligation in mediation 4 years ago and she was recently jobless so my support was based on my income and her lack of income.
But the mediator told me that I could amend it once her income increased but that hasn't happened.
Is her lack of working a legitimate reason in court to amend or is it strictly by the numbers?
Answer to Florida Child Support Question
The Florida Department of Revenue allows a review of your child support order every three years. The courts recognize that people's circumstances change over time.
If you need a modification of child support entered sooner than three years, then you need to file a Supplemental Petition for Modification of Child Support.
Have a look at our Form 12.905(b)
web-powered instructions page.
So, since you're going back 4 years, you can simply request a review of your support order through the Department of Revenue
. However, from what you have stated, your efforts could backfire. The courts and child support enforcement seek to ensure that the needs of the child are met.
If one parent is unable to provide financial support, then the other parent makes up the difference. Considering the high rate of unemployment it is not likely that a judge will take a harsh stance, and insist that your ex is refusing to find work. Many people, sincerely and diligently searching, are unable to secure employment.Notice:
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