Uncontested Change in Child Support

by Kari from Jacksonville, Florida, Duval County

What forms need to be filed if I have an uncontested change in child support? Circumstances have changed substantially and my ex and I share time with the kids 50/50% of the time.


In our divorce decree, I owe him $1100/month for child support as it is written he has primary residential and he did not have a job or income at the time.

He has now AGREED that neither of us owe the other child support and all monies for the kids will be split equally.

I intend to petition to modify the divorce decree to show 50% time spent with him and myself, as well as take out the child support obligation. What forms do I need to send to the Duval County Court for this to be signed and legal?

Answer to Florida Court Forms Question

Dear Kari,

The forms that you need can be found on the Florida Supreme Court website at www.flcourts.org.

To change or modify child support, file a Supplemental Petition to Modify Child Support, Form 12.905(b).

And to change your visitation schedule you can file a Supplemental Petition to Modify Parenting Plan/ Time-sharing Schedule and Other Relief, Form 12.905(a).

You will need to file one or the other, not both. Read the instructions for both forms to see which one is more appropriate for your situation. Have a look at our web-powered instructions page for form 12.905(b).

There are other forms that must be filed along with either of these Supplemental Petitions. These are:

  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

  • 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.)

  • Parenting Plan, Florida Supreme Court Approved Family Law Form, 12.995(a) or 12.995(b). If the parties have reached an agreement, the Parenting Plan should be signed by both parties. If you have not reached an agreement, a proposed Parenting Plan may be filed. If this case involves a request for relocation of a minor child, pursuant to section 61.13001, Florida Statutes, a proposed Parenting Plan must be attached.

  • 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.)


The court must approve your proposed changes. The instructions for the Supplemental Petition, Form 12.905(a) state in part:

This form should be used when you are asking the court to change the current Parenting Plan/time-sharing schedule. The court can change the Parenting Plan/time-sharing schedule if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests.


Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Uncontested Change in Child Support

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Modified Child Support
by: Anonymous

My nephew filed for modification as he took a pay cut as was traveling for work and could only see his children one weekend a month, thus he took the cut to work locally to see his children every other weekend. Dept of revenue just told him too bad that he could find another job.

Where they live that's not likely. He is currently living on $300-400 a month. He has also filed for joint custody and that's still pending. So now Florida Dept of Revenue is going to have his driver's license suspended. There goes the snow ball, loose job, loose vehicle, loose kids. What can he do now? This is why parents drop out. Thanks!

--I think the DOR's position is that the pay cut was voluntary. You can appeal their decision.

NOTICE OF RIGHT TO APPEAL
A party that is adversely affected by this Final Order of Paternity has the right to judicial review under section 120.68, Florida Statutes. To obtain judicial review, you must complete the following steps:

1. File an original Notice of Appeal with the Department of Revenue’s Deputy Agency Clerk within 30 days after the date the Final Order is rendered. The address is:

Department of Revenue
Child Support Program
Attention: Deputy Agency Clerk
P.O. Box 8030
Tallahassee, Florida 32314-8030

2. File a copy of the Notice of Appeal with the Clerk of the First District Court of Appeal or the Clerk of the District Court of Appeal for the district where you live. You also must pay a filing fee when you file the copy of the Notice of Appeal with the court. Filing with the Department of Revenue or the District Court of Appeal is complete when the Notice of Appeal is received, not when it is mailed.
--Staff

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