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The alleged change has been addressed in a previous order of the court or took place prior to the most recent order of the court.If a party seeks modification solely for one of the following reasons you should consult with an attorney about filing a motion to dismiss the request as this may be able to stop the court proceedings without further expensive and time consuming litigation. For more information see our article on imputed income or call 90 to schedule a free initial consultation with one of the attorneys at Ellis and Bryant, P.A.īut what constitutes a substantial, material and unanticipated change for time-sharing, visitation, custody, relocation, or other modification to child custody? This is a much harder question to answer.
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In some cases, the court may impute income or hold that he or she could and should be earning at the higher level and thus he or she will still be required to pay the higher child support amount. If you are owed child support and the payor is self-employed or can otherwise adjust his or her income level and does so in an effort to reduce his or her child support obligation, you should contact an attorney immediately. However, a voluntary decrease in pay will not justify a reduction in child support. But what exactly is a substantial, material and unanticipated change? For changes to child support payments a 15% or $50 increase or decrease in child support guidelines is by statute a substantial, material, and unanticipated change. The court must find a substantial, material and unanticipated change of circumstances before a change to child custody can be made. Substantial, Material and Unanticipated Change of Circumstances Modification of time sharing or visitation and parental rights is governed by Florida Statute 61.13(2)(c) and modification of child support is governed by Florida Statute 61.13(1)(a)2. However, the party seeking modification must show that (1) there has been a substantial, material and unanticipated change in circumstances and (2) that the change is in the best interest of the child or children. Either parent may seek to change the terms of the original child custody agreement at any time by filing a petition with the court. Your divorce may have been years ago, but when it comes to your children, changes to child support, custody arrangements, visitation, decision making powers, or even changes to where you live can still be made by the Court.