Florida Child Support Modification Guide
Complete guide to modifying child support orders in Florida, including the substantial change standard, 15% or $50 threshold, supplemental petition process, mandatory mediation requirements, and step-by-step modification procedures under Florida Statutes § 61.14.
Last Reviewed: January 20, 2025
Next Review: January 2026
Legal Standards for Modification
Under Florida Statutes § 61.14, a child support order may be modified upon a showing of a substantial change in circumstances, including but not limited to changes in income, the financial status of the parties, the needs of the child, and changes in the cost of living. Florida uses the Income Shares model under § 61.30 to calculate guideline child support.
Quantitative Test: 15% or $50/Month
While not explicitly codified, Florida courts have established that a change is presumptively substantial if recalculation using current circumstances would result in a change of at least 15% of the current order amount OR $50 per month, whichever is greater. This threshold applies whether the change would increase or decrease the support obligation.
Legal Basis: Fla. Stat. § 61.14(1)(a); Case law (Pimm v. Pimm)
Qualitative Factors
The change must be substantial (not minor), permanent (not temporary), and ideally involuntary (not a deliberate choice to avoid obligations). Courts consider whether the change was made in good faith and examine the totality of circumstances affecting the children\'s best interests.
Legal Basis: Fla. Stat. § 61.14; § 61.30 (guidelines); § 61.13 (best interests)
Income Shares Model (2019 Update)
Florida adopted the Income Shares model in 2010 and updated the guidelines in 2019. Orders entered under previous formulas may be modified if recalculation using current guidelines shows a substantial difference. Both parents\' incomes are considered, and the guideline schedule is based on combined parental income and number of children.
Legal Basis: Fla. Stat. § 61.30 (as amended 2019)
Effective Date of Modification
Florida law provides that modifications are effective from the date of filing the supplemental petition, not retroactively. However, courts have limited discretion to make modifications retroactive to the date of an actual change in circumstances (such as a timesharing modification) if good cause is shown for the delay in filing.
Legal Basis: Fla. Stat. § 61.14(1)(a)
Qualifying Conditions for Modification
The following circumstances typically constitute substantial changes warranting child support modification in Florida.
| Condition | Threshold | Timeframe | Examples | Legal Basis |
|---|---|---|---|---|
| Substantial Income Change | 15% or $50/month from current order | Since last order | Job loss, promotion, bonus elimination, career change | Fla. Stat. § 61.14(1)(a) |
| Change in Parenting Time | Substantial modification (typically 20%+ nights) | Since last order | Shift from primary to 50/50, relocation affecting timesharing | Fla. Stat. § 61.13; § 61.30 (timesharing) |
| Child's Medical Needs | Significant change in health insurance or medical expenses | Since last order | Loss of coverage, chronic condition diagnosis, ongoing treatment | Fla. Stat. § 61.30(11)(a) |
| Childcare Expenses | Material change in work-related childcare costs | Since last order | New daycare need, after-school care, increased rates | Fla. Stat. § 61.30(8) |
| Child Support Guidelines Update | Substantial change due to statutory formula revision | Guidelines changed since order | 2019 guidelines update (income shares model) | Fla. Stat. § 61.30 (as amended) |
| Emancipation | Child turns 18, graduates high school, or marries | At emancipation event | 18th birthday, high school graduation (whichever later), marriage | Fla. Stat. § 61.13(1)(a) |
Step-by-Step Modification Process
Filing a child support modification in Florida requires completion of specific Florida Family Law Forms and adherence to circuit court procedures. The following nine steps outline the complete process.
Determine if your situation meets the substantial change standard (15% or $50 threshold)
Required Documents:
Current order, recent pay stubs, income tax returns
Expected Timeline:
Before filing
Fill out Florida Family Law Form 12.905(c) - Supplemental Petition for Modification of Child Support
Required Documents:
Form 12.905(c), Financial Affidavit (Form 12.902(b) or (c)), Child Support Guidelines Worksheet
Expected Timeline:
1-2 weeks
Submit petition and supporting documents to the circuit court that issued the original order
Required Documents:
Completed forms, filing fee ($409 or fee waiver request)
Expected Timeline:
1 day
Have other parent formally served with petition by certified mail or process server
Required Documents:
Copy of petition, summons, proof of service form
Expected Timeline:
2-3 weeks
Exchange updated financial affidavits and supporting income documentation
Required Documents:
Financial Affidavit, tax returns, pay stubs, proof of insurance/childcare costs
Expected Timeline:
45 days from service
Participate in court-ordered mediation to attempt resolution (mandatory in most counties)
Required Documents:
Financial documents, proposed child support calculation
Expected Timeline:
30-60 days after service
If mediation unsuccessful, prepare evidence and testimony for modification hearing
Required Documents:
Updated child support guidelines worksheet, financial evidence, witness list
Expected Timeline:
2-4 weeks before hearing
Present evidence and testimony before circuit judge or general magistrate
Required Documents:
All financial evidence, child support calculation, proposed order
Expected Timeline:
4-8 months from filing
Court issues modified child support order and income deduction order
Required Documents:
Signed Final Judgment Modifying Child Support, Income Deduction Order
Expected Timeline:
2-4 weeks after hearing
Real-World Modification Examples
The following scenarios illustrate how Florida courts apply child support modification law in practice.
Original Circumstances
Income: $72,000
Payment: $1,050/month (2 children)
New Circumstances
Income: $55,000
Payment: $800/month (estimated)
Change: -23.6%
Modification Basis
Substantial change in circumstances due to involuntary income reduction exceeding 15% threshold; change is permanent and documented
Timeline Consideration
Must demonstrate sustained income decrease for 6-12 months
Expected Outcome
Likely granted - pandemic-related income changes are recognized as involuntary; exceeds 15% threshold substantially
Original Circumstances
Income:
Payment: $1,200/month
New Circumstances
Income:
Payment: $650/month (estimated)
Change: Substantial change in parenting time
Modification Basis
Substantial change in timesharing arrangement under § 61.13; shift from 80/20 to 50/50 significantly affects support calculation
Timeline Consideration
Modification effective from date of actual timesharing change if retroactive relief sought
Expected Outcome
Granted - substantial timesharing change directly impacts support calculation under income shares model
Original Circumstances
Income:
Payment: $900/month
New Circumstances
Income:
Payment: $950/month (estimated)
Change: +50% in premium cost
Modification Basis
Material change in health insurance availability and cost under § 61.30(11); change in provider and allocation affects guideline calculation
Timeline Consideration
File within 60 days of insurance loss to minimize gap
Expected Outcome
Granted - courts prioritize maintaining continuous health coverage; cost change is substantial
Original Circumstances
Income: $85,000 W-2
Payment: $1,100/month (1 child)
New Circumstances
Income: $48,000 net self-employment
Payment: $620/month (requested)
Change: -43.5%
Modification Basis
Substantial income change; however, court will scrutinize voluntariness of career change and business expense deductions
Timeline Consideration
Requires 12-24 months of consistent business income documentation
Expected Outcome
Partial grant likely - court may impute some income if transition deemed voluntary or expenses excessive
Frequently Asked Questions
Common questions about child support modification in Florida.
Florida requires a "substantial change in circumstances" to modify child support, typically interpreted as a difference of at least 15% or $50 per month (whichever is greater) between the current order and the recalculated guideline amount. This is similar to but slightly lower than the 20% threshold used in many other states. Florida courts focus on whether the change is involuntary, substantial in degree, and permanent rather than temporary.
Generally, no. Under Florida law, modification of child support is effective only from the date of filing the supplemental petition, not retroactively. However, there is a limited exception: if the change in circumstances (such as a timesharing modification) occurred before filing, the court MAY make the modification retroactive to the date of the actual change if the petitioner can demonstrate good cause for the delay in filing. This retroactive exception is narrow and discretionary.
Yes, in most Florida counties, mediation is mandatory before a contested modification hearing. The court will order both parties to participate in mediation to attempt to reach an agreement. Mediation must be conducted by a Florida Supreme Court certified family mediator. If mediation is successful, the parties can submit a settlement agreement to the court for approval without a hearing. If unsuccessful, the case proceeds to a contested hearing before a judge or general magistrate.
Remarriage alone is not a basis for child support modification in Florida. The income of a new spouse is not considered in calculating child support obligations under § 61.30. However, remarriage may indirectly affect support if it results in changes to relevant factors such as: (1) housing costs (if shared with new spouse), (2) health insurance availability, or (3) childcare needs. The parent seeking modification must show the remarriage resulted in a substantial change to a factor directly relevant to the guidelines calculation.
Florida courts may deny modification or impute income at your previous earning capacity if the income decrease was voluntary and not made in good faith. Under § 61.30(2)(b), income may be imputed if a parent is voluntarily unemployed or underemployed. However, voluntary changes made for legitimate reasons—such as career change for better long-term prospects, necessary education/training, disability, or retirement at normal retirement age—may be considered involuntary. You bear the burden of proving the change was made in good faith and not to avoid support obligations.
Timeline varies by county and case complexity. An uncontested modification where both parties agree can be finalized in 60-90 days. A contested modification typically takes 6-12 months from filing to final hearing, including time for service, discovery, mandatory mediation, and court scheduling. Some high-volume counties (Miami-Dade, Broward) may have longer wait times for hearing dates. Emergency modifications for situations like sudden job loss may be expedited with temporary orders available within 30-45 days.
Yes, if the increase in the other parent's income (when combined with any changes in your income or other guideline factors) results in a difference of at least 15% or $50/month from the current order. The parent seeking modification must demonstrate the income increase is substantial and permanent (not a one-time bonus). The obligee (custodial parent receiving support) can petition for an increase if the obligor's income rises, and vice versa—either party can seek modification based on changed circumstances.
Not necessarily. Florida provides detailed forms and instructions for self-represented litigants, and many people successfully file modifications pro se. However, child support modification involves complex calculations using the Child Support Guidelines Worksheet, financial disclosure requirements, and potential contested hearings. Consider hiring an attorney if: (1) the other party has an attorney, (2) the case involves self-employment income or significant assets, (3) there are disputes about imputed income or voluntary underemployment, or (4) you are uncomfortable representing yourself in court. Many attorneys offer unbundled services for specific tasks like preparing the petition or attending mediation.
Official Resources
Access official Florida court resources, forms, and self-help services.
Required Forms (Florida Family Law Forms)
- • Form 12.905(c): Supplemental Petition for Modification of Child Support
- • Form 12.902(b) or (c): Financial Affidavit (based on income)
- • Form 12.902(e): Child Support Guidelines Worksheet
- • Form 12.922(a): Notice of Social Security Number
- • Form 12.996(a): Income Deduction Order
Official Websites
Self-Help Services
- • Family Law Self-Help Centers (available at most circuit courts)
- • Florida Bar Lawyer Referral Service
- • Legal Aid organizations throughout Florida
- • Court-appointed mediators (for mandatory mediation)