Changing Child Support Amount Due to Increase in Income

by Janet from Fleming Island, Clay County, Florida

My ex has a commission only job however he has been there over a year and has had a substantial increase in his pay.

How can I get the child support increased when some months he does not make anything and some months he makes over $70,000?

Answer to Child Support Modification Question

Dear Janet,

Child support is always modifiable as long as there is what is called a significant change in circumstances.
Florida Statutes 61.30(b) The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.
Your ex getting a substantial increase in pay may qualify as a significant change.

The modification process is usually quite simple since it is based on the Florida Statute guidelines and calculations are done based upon those guidelines.

Many people worry that the accurate amount of child support will not get awarded due to the income of the other parent not being traceable.

In your circumstances your ex’s income is traceable and you should not have any trouble getting it modified.

Many people have jobs or own their own companies where their income varies month to month.

When filling out the financial affidavit your ex should take an average monthly income based on a cumulative of a year overall.

This way
the average monthly income is a good representation of what the child support should be calculated from.

So, whether he has a good month or bad month, the amount should be one which he can pay as long as he budgets his income correctly.

Your ex’s increase in pay will benefit your daughter and allow you to do more for her financially. For more information, see our child support page.

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Answer provided by Christine Marinkovich, (954) 933-6090, Affordable Divorce Source

Christine is the owner of Affordable Divorce Source, Inc. and an FALDP Ambassador since 2010. Christine really cares about the people she helps, she can take a stressful situation and make it seem easy. You may contact her now for more information.

Comments for Changing Child Support Amount Due to Increase in Income

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Modification of Child Support
by: Anonymous

Filed for modification of child support after 2.5 years of my child receiving nothing. My x bought a business 1 month after our divorce.
in my I heart I let it go and supported our daughter.

2.5 years later I need help raising our daughter and filed myself for modification. I filed my financial disclosure and sent it to his attorney. 1 week later I received an email saying my x was dismissing my claim and I have to appear on June 16th.

What motion should I file? Do I just appear at court?

Dismissal of a Modification Petition
by: Christine Marinkovich

It has been my experience that if someone wanted to dismiss a modification it is usually because there hasn't been a significant change in circumstances.

Get legal advice from a local family law attorney. She may be able to advise you on your particular case.

When you go to the hearing you will hopefully be able to present whatever information you have showing that he owns this business and that he is making money from it.

The court is always concerned with what is in the best interests of the child. If he is able to help you with the financial necessities then it would be hard for me to believe that a judge wouldn't order him to do so.

Good luck and if I can help you with any of the documents, please feel free to contact me at (954) 933-6090.

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