Florida law generally requires parents to provide financing support for their children. This is typically true even if an individual’s parental rights have been terminated. If you are struggling to remain current on your child support obligation, an existing order may be modified. There are several factors that a judge will take into account when determining if your request for modification should be granted.
You must experience a significant change in circumstances
Losing your job may make it difficult or impossible to make child support payments each month. However, if you expect to find work in the near future, a judge may simply suspend an order until you find gainful employment. Alternatively, if you can’t go back to work because you lost your leg or become severely ill, a permanent modification is more likely. A modification may also occur if the child’s other parent experiences a positive change in his or her financial circumstances.
Time restrictions may apply
A court may refuse to consider a modification request if an order has been changed in the last 18 to 24 months. In such a scenario, you may need to work directly with your child’s other parent to resolve any concerns that you might have. It may also be possible to work with the court itself to come to a resolution that meets your needs until an order is eligible to be changed again.
Failing to make child support payments may result in jail time, the loss of professional licenses or other penalties. Therefore, it’s in your best interest to contact the court if you don’t think that you can keep up with your current obligations. Although a past due balance cannot be eliminated, a judge may provide leeway to pay it off without exacerbating a financial hardship.