Child Support Review

by Jesus from St. Petersburg, Florida, Pinellas County

How can I file a Child support reduction? My oldest boy turned 18 back on 10/12/08 but he graduated from High School on 5/30/2009.

Do I get any retroactive payments?

Answer to Florida Child Support Question

Dear Jesus,

It depends on your Child Support Order.

Some, but not all, recent child support orders included language stating that child support payments would continue until the child turns age 18; or the child turns age 19 if still in high school.

Since you have younger children for whom I gather you are also paying support, you must let the Department of Revenue know that your oldest child has aged out of child support.

I know, it seems like this should be automatic, but it isn't. Contact the Florida Department of Revenue (DOR) and let them know.

You are entitled to a review of your child support obligation every three years. If it has been less than three years since your last child support review, you may need to show that the circumstances or needs of the parties have changed.

You can request a review of your child support obligation by completing the form found on their website, Request for Child Support Review. The Request for Child Support Review form states in part:

may ask us to review your support order to see if the ongoing amount or health insurance terms should be changed. If the review shows the order should be changed, we will take legal action to change the order based on the results of the review.

If you ask us to review the order and it has been less than three years since the order started or the order was changed, you must show us records or have other information to prove that your situation or the other parent’s situation has changed.

Examples include pay stubs, statements from child care providers, medical bills, or information about a new employer. Once we get a completed request form and supporting records, we will need at least 60 days to complete our review.

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 Child Support Review

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Dept of Revenue Trying to Change Support Order
by: Nicole from Sarasota

My husband's divorce papers say that he is to pay child support until his youngest child turns 18, moves out, marries, dies. It says NOTHING about high school. Well she's turned 18 and his payments have been paid in full and we have actually over paid almost $800. The Dept of Rev sent us a letter saying that we owe and they have the option to continue the support because she's still in school.

My step daughter is moving out of her mother's house with in the next 3 weeks so she will be living on her own. The mother had failed to tell the child support office of this so she's still trying to make it look like my step daughter is living at home. Can the Dept of Rev just "change" what's stated in the divorce papers and clearly my husband ex wife is just trying to get as much money as she can and is not being honest with the situation. What can be done about this?

--They can try, but it doesn't mean that they will be able to go against the final divorce judgment. If you received paperwork from the DOR, you will need to dispute their claim.

First, ask for a child support review from the DOR. You may be able to get this resolved with just a review. Otherwise, you may have to file a supplemental petition in order to get this in front of a judge. --Staff

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