Child Support Modification & New Marriage
by Armando from Miami, Florida, Miami-Dade County
I have a child support from my first marriage.
I'm married again and I have 2 kids, can I get a reduction in the child support?
Answer to Florida Child Support Question
File a Supplemental Petition to Modify Child Support, Form 12.905(b)
which can be found on the Florida Supreme Court's website, www.flcourts.org.
Have a look at our web-powered instructions page for form 12.905(b)
A modification of child support must be based on changed circumstances; and yes the courts are supposed to take into consideration the fact that you are now supporting other children.
Read the form's instructions carefully, there are other forms that must be filed along with it. These forms are:
- Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). (If you do not know the other party’s income, you may file this worksheet after his or her financial affidavit has been served on you.)
- Settlement Agreement, if you have reached an agreement on any or all of the issues. Although there is no form for this in these Florida Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(1).
- Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed.
- Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
- Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental petition on the respondent, if not filed at the time of the supplemental petition, unless you and the other party have agreed not to exchange these documents.)
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