Florida Form 12.905b

Supplemental Petition For Modification of Child Support

Instructions for Form 12.905b Supplemental Petition For Modification of Child Support. Web enhanced instructions. Free forms downloads.

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.905b,

SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT

When should this Florida child support form be used?

Modification of child support forms should be used when you are asking the court to change a current court-ordered child support obligation.

The court can change a child support order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the children’s best interests.

Form 12.905b should be typed or printed in black ink. The official forms is not interactive. Have a look at a sample of our fillable interactive form 12.905b.

After completing form 12.905b, you should sign the form before a notary public or deputy clerk.

You should file this modification of child support form 12.905b in the county where the original order was entered.

If the order was entered in another state, or if the children lives in another state, you should speak with an attorney about where to file form 12-905b.

You should file the original form 12.905b with the clerk of the circuit court and keep a copy for your records.

Download Florida Supreme Court Approved Family Law Form 12.905b

What should I do next?

For your case to proceed, you must properly notify the other party in your case of the supplemental petition form 12.905b.

If you know where he or she lives, you should use personal service.

If you absolutely do not know where he or she lives, you may use constructive service.

You may also be able to use constructive service if the other party resides in another state or country.

However, if constructive service is used, other than granting a divorce, the court may only grant limited relief.

For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b).

If the other party is in the military service of the United States, additional steps for service may be required.

See, for example, Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a).

The law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.

If personal service is used, the other party has 20 days to answer after being served with your form 12-905b supplemental petition.

Your case will then generally proceed in one of the following three ways:

• DEFAULT... If after 20 days, no answer to form 12.905b has been filed, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court.

Then, if you have filed all of the required form 12.905b papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing.

You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

• UNCONTESTED... If the respondent files an answer to form 12.905b that agrees with everything in your supplemental petition form 12-905b or an answer and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing.

You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

• CONTESTED... If the respondent files an answer or an answer and counterpetition to form 12-905b, which disagrees with or denies anything in your supplemental petition form 12.905b, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers.

Some circuits may require the completion of mediation before a final hearing may be set.

Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).

If the respondent files an answer and counterpetition to form 12-905b, you should answer the counterpetition within 20 days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).

Where can I look for more information?

Before proceeding with form 12.905b, you should read General Information for Self-Represented Litigants found at the beginning of these forms.

Download General Information for Self-represented Litigants.

The words that are in “bold underline” in these instructions are defined there.

Special notes...

If you do not have the money to pay the form 12.905b filing fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred.

With form 12.905b, you must also file the following:

• 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).

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.

• 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.

Florida Child Support...

The court may order one parent to pay child support to assist the other parent in meeting the children’s material needs.

Both parents are required to provide financial support, but one parent may be ordered to pay a portion of his or her support for the children to the other parent.

Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines are based on the combined income of both parents and take into account the financial contributions of both parents.

You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same.

From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).

Because the child support guidelines take several factors into consideration, change over time, and vary from state to state, your child support obligation may be more or less than that of other people in seemingly similar situations.

Temporary Relief...

If you need temporary relief regarding child support, you may file a Motion for Temporary Support with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(a).

For more information, see the instructions for that form.

Settlement Agreement...

If you and the respondent are able to reach an agreement on any or all of the issues, you should file a Settlement Agreement.

Although there is no form for a Form 12.905b modification of child support settlement agreement 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).

Both parties must sign this forms 12.905b settlement agreement before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered contested and settled by the judge at the final hearing.

Final Judgment Form...

These family law forms contain a Supplemental Final Judgment Modifying Child Support, Florida Supreme Court Approved Family Law Form 12.993(b), which the judge may use.

You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it with you to the hearing.

If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

Can a Nonlawyer Complete These Forms?

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out form 12.905b or any of these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you.

A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

See below for the Florida-Court-Forms.net Petition Preparer service.

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