Posted by Nydia Streets of Streets Law in Florida Child Support
Petitioning for modification of child support requires that a parent show a substantial change in circumstances has occurred since the entry of the order establishing support. This change is usually an increase or decrease in income. This was an issue in the case Gonzalez v. Calles, 3D24-0304 (Fla. 3d DCA December 11, 2024).
The mother in this case petitioned for modification of child support in 2021, alleging the father’s income had increased, that the child had a greater need, and the father had not complied with the time-sharing. The father counter-petitioned for equal time-sharing and a modification of child support based on that requested change. The father based his request for a time-sharing change on the fact that he had larger living arrangements to accommodate time-sharing, and he was now remarried so his wife could assist with taking care of the child.
The case proceeded to a hearing before the general magistrate. The magistrate granted the mother’s petition for modification of child support and denied the father’s counter-petitions. The father filed exceptions to the general magistrate’s recommendations, and the trial judge overruled the exceptions, confirming the order. The father appealed.
The appellate court affirmed, noting “The record on appeal established that the Father’s income more than doubled between 2017 and 2024. There was also testimony that the Mother and child were living in a one-bedroom apartment because that is all the Mother could afford. The testimony and other evidence presented at the hearing before the general magistrate supported the conclusion that, under the circumstances presented, and in light of the substantial increase in the Father’s salary, a corresponding increase in child support would be in the child’s best interest.” As to the father’s petition for modification of the parenting plan, the appellate court found he did not meet his burden to show a substantial change in circumstances, and the denial of his petition was therefore affirmed.
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