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Legal Directorate

Child Support

What if My Child's Parent is not Paying Child Support?

In the event, you are awarded alimony, or you receive or pay child support, there may come a time when your former spouse or your child's other parent fails to make his or her alimony and/or child support payment timely, in full or fails to make those payments at all. In that situation, you may need to seek enforcement through the court. If the court finds that your former spouse or the other parent's non-payment of alimony and/or child support is willful and that he or she has the ability to pay, the court will order him or her to abide by the alimony and/or child support term of your final judgment or marital settlement agreement and may result in a contempt order being entered against him or her.

What if the Child Support is not Enough?

If either parties’ circumstances substantially change after entry of the final judgment, that may warrant an upward or downward modification of child support, do not hesitate to contact the attorneys of Hertz Sager.

The court may modify a Florida child support order when it is in the best interest of the child, when the child reaches majority, when there is a substantial change in the circumstances of the parties since the entry of the Final Judgment when the court requires support beyond the age of 18 years due to dependency, or when a child is emancipated, marries, joins the armed services, or dies. A requirement for modification of a parent's child-support obligation is a showing of a substantial change in circumstances, not contemplated at the time of the final judgment of dissolution, which is significant, material, involuntary, and permanent.

Please contact us either online or by telephone at 305.444.3323 to schedule a consultation so we can discuss how we can help.

Modification of Child Support Due to Loss of Income During COVID-19

Due to the current health crisis, you may need to file for a modification of child support because of loss of employment or a reduction in your income. Some options that may be available to you as a result of the effect the COVID-19 pandemic has had on your income or employment are an abatement of your child support obligation or a modification of the child support amount.

If your income or employment has been negatively affected by the Coronavirus via a reduction in your salary or wages, loss of your job, or an inability to work due to illness, it is important to seek immediate relief. It would be best if you did not wait until the crisis passes or your financial circumstances worsen. Until there is an agreement or court order of abatement or modification, your child support obligation is ongoing. Hertz Sager is able to advise of the options available to you from a reduction in your income or loss of employment and file the appropriate documents with the court based upon the particular facts and circumstances of your case.

Client Reviews
"Christy Hertz helped me tremendously with co-parenting issues concerning my daughter. She was fair, listened to me and gave me great advice. She was honest with me, and I have great respect for her because of it. Ultimately, my daughter's father recognized what he needed to do for our daughter's wellbeing. Thanks to Christy, he became much more cooperative, and his cooperation will help in my daughter's development now and for years to come. I'd say she is worth every penny." K. D.
"Christy’s polished demeanor is professional and highly effective. She ALWAYS has a plan and it's ALWAYS the correct one. In representing me from the divorce consultation to the final agreement, her practical, point-blank approach is a well appreciated one. If you are looking for the best attorney to help you achieve the best possible outcome, SHE IS IT!" Sarah
"This is a great firm. Christy and her colleagues represented us through a four year, highly complicated case. We were well represented throughout the whole process. The firm is professional, knowledgable, experienced, and highly effective. These are thorough, hard working attorneys who are competent in every aspect. Christy is quick on her feet, a wealth of knowledge, and an excellent litigator. No games here. Clients first and exceptional service. Look no further." Rob
"Katie made me feel comfortable and confident. She follows through and is very patient to answer any questions you may have. If you're feeling nervous she assures you everything will be ok because she will be there with you every step of the way. Katie is very detailed and available at all times. I will eternally be grateful for how she took care of my case. Thank you Katie!!!!" Ely
"Katie, Helped me with my modification for child support. Being in the military it is very complexed dealing with pay and state laws but Katie guided me the whole way and made the process seem easy. I highly recommend Katie she is very knowledgeable and I felt I could trust her to look for my best interest. Thank you Katie for your help!" Anonymous