Florida Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

• Category: Family Law - Divorce - Child Support - Modifications
• State: Multi-State
• Control #: US-00799BG
• Format: Word; Rich Text

Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

In Florida, a Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support is filed to request a reduction in the existing child support obligation. This legal process enables individuals to address significant changes in circumstances that affect their ability to pay child support as initially agreed upon during the divorce proceedings. Here are some relevant keywords and different types of motions that can be filed in Florida: Keywords: 1. Florida child support modification 2. Decrease child support amount in Florida 3. Modify divorce decree in Florida 4. Amending child support order in Florida 5. Motion to reduce child support in Florida Different Types of Motions: 1. Temporary Child Support Modification: This motion is filed when an individual experiences a temporary financial setback, such as losing a job or facing a substantial decrease in income. It requests a temporary reduction in child support until the circumstances improve. 2. Permanent Child Support Modification: This type of motion is typically filed when there has been a long-term and substantial change in either the mayor's or recipient's financial situation. It seeks a permanent decrease in the amount of child support that must be paid. 3. Modification due to Changes in Parenting Time: If there has been a significant change in the amount of time that each parent spends with the child, this motion is appropriate. It allows for a reduction in child support based on the new parenting time arrangement. 4. Modification due to Change in Child's Needs: When there has been a substantial change in the child's needs, such as a decrease in medical or educational expenses, this motion can be filed. It asks the court to decrease the child support amount accordingly. 5. Modification due to Change in Income: If either parent experiences a significant increase or decrease in income, this motion can be used to modify the child support amount. It takes into account the current income levels to reflect a fair and reasonable child support obligation. It is crucial to meet the specific requirements and guidelines set by Florida's family law courts when filing a Motion to Modify or Amend a Divorce Decree regarding child support. Seeking the advice and guidance of an experienced family law attorney is highly recommended navigating through the process smoothly and ensure the best outcome for all parties involved.