Fort Lauderdale Divorce Lawyer Blog
In Florida, child support and timesharing modifications are governed by the principle that changes must reflect the child’s best interests and be supported by evidence of substantial, material, and unanticipated changes in circumstances. As discussed in a recent Florida decision issued in a child support action, the evidentiary burdens in such cases are imposed squarely on the parents seeking such modifications. If you are involved in a dispute regarding child support or timesharing, it is essential to evaluate your options, and you should talk to a Miami child support attorney promptly.
Facts of the Case and Procedural Setting
It is reported that the father appealed a trial court’s order granting the mother’s petition for modification of child support and denying his counter-petition for modification of timesharing. Allegedly, the parties divorced in 2017, and the father was ordered to pay $331.50 per month in child support. In 2021, the mother filed a supplemental petition, asserting that the father’s income had substantially increased, the child’s needs had grown, and the father had not fully exercised his timesharing rights. The father denied these allegations and filed a counter-petition seeking equal timesharing. He argued that his circumstances had materially changed because he had purchased a home with a bedroom for the child and remarried, providing additional support for the child’s care.
Reportedly, a general magistrate reviewed the evidence, including financial affidavits and testimony from both parties. The magistrate determined that the mother demonstrated substantial and material changes in circumstances justifying an increase in child support, while the father failed to meet the burden required for timesharing modification. The magistrate’s recommendations were adopted by the trial court, leading to an increase in the father’s child support obligation to $506.22 per month. The father’s exceptions to the magistrate’s report were denied, and he appealed.
Grounds for Modifying Child Support Obligations
On appeal, the court affirmed the trial court’s decision, finding no abuse of discretion. The court emphasized that modifications to child support are appropriate when a substantial change in circumstances, such as a significant increase in the obligor’s income, is demonstrated. Evidence showed that the father’s income had more than doubled since the original support order, justifying the modification.
Regarding timesharing, the court reiterated that a parent seeking modification must demonstrate substantial, material, and unanticipated changes in circumstances. The court noted that improvements in the father’s living conditions, such as purchasing a home, do not alone meet this standard. Citing precedent, the court held that a parent’s life improvements, while commendable, are insufficient to warrant modification absent evidence showing that the changes directly impact the child’s best interests. Thus, the denial of the father’s counter-petition for timesharing modification was upheld.
Talk to a Knowledgeable Miami Child Support Attorney
Child support and timesharing disputes can significantly affect your family’s dynamics and financial well-being. If you are involved in a dispute over your parental rights and obligations, you should talk to an attorney. The assertive Miami child support attorneys at the Law Offices of Sandy T. Fox, P.A., can help you navigate these challenges and ensure that your rights and your child’s interests are protected. You can reach us at 800-596-0579 or use our online form to arrange a conference.