This form is used 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.
A Florida Motion to Modify or Amend Divorce Decree to Provide for an Increase in the Amount of Child Support is a legal document filed by a party seeking to adjust the existing child support obligation outlined in their divorce decree. Parents experiencing a significant change in circumstances, such as an increase in income or additional financial responsibilities related to the child's needs, may need to initiate this motion. There are several types of motions that can be filed in Florida to modify or amend the divorce decree regarding child support. These include: 1. Regular Motion to Modify Child Support: This motion is filed when one parent wants to request an increase in the amount of child support due to a substantial change in circumstances. The change may involve a significant increase in income, job loss, disability, or any other circumstance that impacts the ability to pay or receive child support. 2. Emergency Motion to Modify Child Support: In urgent situations where waiting for a regular motion hearing could cause irreparable harm, an emergency motion can be filed. This type of motion is typically used when there is an immediate threat to the child's well-being or an unstable financial situation that requires an immediate adjustment to the child support amount. 3. Stipulation to Modify Child Support: In some instances, both parents may agree to modify the child support amount without going through a formal court process. In such cases, they can submit a stipulation to modify child support to the court for approval. 4. Motion for Temporary Modification of Child Support: If a parent faces a temporary financial hardship or sudden increase in financial responsibility, they can file a motion for temporary modification of child support. This motion seeks to adjust the child support obligation for a specific period until the situation stabilizes. When filing a motion to modify or amend a divorce decree to increase child support in Florida, several essential elements should be included: 1. Detailed Explanation of Changed Circumstances: The filing party must provide a thorough explanation of why they believe the change in child support is necessary. This may involve presenting evidence such as financial documents, medical records, or other relevant information that supports the claim. 2. Calculation of New Child Support Amount: The party seeking an increase in child support should include a proposed calculation of the new amount based on Florida's child support guidelines. This calculation should consider income, number of children, and any other factors that can impact the child support obligation. 3. Supporting Documentation: It is crucial to provide all relevant documents supporting the motion, such as income tax returns, pay stubs, medical bills, or proof of other expenses related to the child's welfare. These documents help substantiate the reason for seeking an increase in child support. 4. Affidavit: Including an affidavit that outlines the facts and circumstances supporting the modification motion can strengthen the case. The affidavit should provide a detailed account of the change in circumstances and the impact on the child's well-being. 5. Notice to the Other Party: It is important to ensure that the other parent is properly served with the motion and all relevant documents. Failure to provide notice may result in delays or dismissal of the motion. When filing a Motion to Modify or Amend a Divorce Decree to Provide for an Increase in the Amount of Child Support in Florida, it is advisable to consult with an experienced family law attorney to ensure all legal requirements are met and increase the chances of a successful outcome. Keywords: Florida, motion to modify, amend divorce decree, increase child support, types, regular motion, emergency motion, stipulation, temporary modification, changed circumstances, child support calculation, supporting documentation, affidavit, notice, family law attorney.
