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Will I need to modify my child support agreement?

While the judge’s declaration of divorce means your marriage is dissolved, the truth is that all negotiations may not be behind you. If you have children, you will likely still need to spend some time determining the appropriate amounts of child support as both your and your spouse’s financial situations evolve. The Florida Office of Child Support Enforcement outlines the specifics to know  as you revisit the terms of your arrangement.


One of the first things you need to know is what the timeline is for changes. If it has been at least three years since your order was last modified or first issued, you are eligible to request a change. If it has been less than three years, but there are extenuating circumstances, you will need to prove these to the court.


If one parent is incarcerated after child support is ordered, the situation becomes slightly more complicated. The person in jail is not eligible to request a change to the child support order until he or she is released from prison. While there will likely be no payments made during this time, owed child support will accrue while the parent is in jail. Upon release, a hearing can be scheduled where a judge will decide if the backpayments will be forgiven or not.


While your child support modifications can take as little as 30 days to complete, it usually will take quite a bit longer. This information is intended to educate readers and should not be considered legal advice.

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