What happens if the amount of child support payable is more than the paying parent can afford?
When the amount of child support payable is higher than the paying parent can afford, the individual can file a motion with the court to modify their child support order. The court must consider the paying parent’s current financial situation, including their income, expenses, and any other relevant factors when considering the modification. To begin the process, the paying parent must file a petition or motion to modify the existing child support order with the circuit court in the county where the child lives or where the original order was established. Once the motion to modify is filed, the non-paying parent will be served with notice of the filing and a hearing date will be set. At the hearing, the court will consider the paying parent’s financial situation and any other relevant factors to determine if the paying parent’s income has decreased enough to warrant a modification. If the court finds that the paying parent is unable to afford the current amount of child support, the court will modify the order and set a new amount of child support. It is important to note that any modifications to child support orders in Florida are retroactive to the date of filing the motion to modify. This means that the paying parent may be eligible to receive a refund for any child support payments made since the date of filing. It is also important that both parties comply with the court’s modified order. Failure to do so may result in penalties from the court.
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