Child Support

What If My Child’s Parent Is not Paying Child Support?

In the event 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 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 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 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. If you are the paying or receiving parent and find yourself in this situation, 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 child 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 since entry of the judgment or order establishing child that, that was not contemplated at the time of the final judgment or court order, and which is significant, material, involuntary, and permanent.

Unless otherwise ordered, child support terminates when the child reaches 18 years of age, unless the child is dependent and between 18 and 19 years of age, is still in high school and is performing in good faith with a reasonable expectation to graduate before he or she reaches the age of 19. Additionally, child support terminates before the age of 18 when a child marries, joins the armed services, or dies. If child support is terminated, it is important to remember that arrearages, retroactive support, delinquency payments, and other pending costs must still be paid in full even after the child support terminates.

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

There may come a time when you may need to file for a modification of child support because of loss of employment or an involuntary reduction in your income. Some options that may be available to you 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 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 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 and file the appropriate documents with the court based upon the particular facts and circumstances of your case.