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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.
