When a parent is ordered to pay child support for the financial benefit of their child, the obligation is a binding legal mandate. A Florida parent who fails to abide by the terms of their operating child support order may be penalized in a number of ways, including, but not limited to, seeing their driver’s license suspended or their pay checks garnished.
Not every parent who fails to pay child support does so intentionally or willfully. It is an unfortunate fact that some parents simply cannot keep up with the payment schedules that their child support orders impose. Whether due to an illness, injury, loss of a job or other change in circumstance that limits their income, a parent may be unable to pay for the support of their child even if they desire to do so.
When changes in circumstance alter a parent’s ability to pay, they may be able to secure a child support modification. A child support modification can lower the payment a parent is expected to make to better accommodate their financial position. In order to secure a modification, a parent may have to litigate the matter with their child’s custodial parent, though modifications can also be secured through the agreement of the child’s parents.
When litigating a modification request, a parent may be required to demonstrate through evidence the change in circumstances that precipitated their request to lower their child support obligation. It is important, therefore, that parents document their income and other financial matters to demonstrate, if necessary, their need for lower child support payments so that they may continue to provide what they can for their children.
