Can You Change Child Support in Florida? A Practical Guide – When Split Happens Episode 6

This post is part of a series summarizing each episode of When Split Happens, Sasso Guerrero & Henderlite’s podcast. Access all episode topics here.

Can you change how much you’re paying in child support — or does it change automatically if your income changes? In Episode 6 of “When Split Happens,” Jacksonville’s board-certified family law attorney Jay Henderlite of Sasso Guerrero & Henderlite breaks down when and how child support can be modified under Florida Statute 61.14. Learn what counts as a substantial, permanent, and involuntary change in circumstances, how courts recalculate support, and why timing matters more than most parents realize.

Related: Announcing When Split Happens, New Family Law Podcast Hosted by Jay Henderlite

Can child support be changed under Florida law?

Yes — but only if you meet Florida’s specific legal requirements. Under Florida Statute 61.14 a court may modify child support when there has been a substantial, permanent, and involuntary change in circumstances. All three elements must be satisfied, and the recalculated support must meet a statutory threshold before a judge will approve a change.

How to think about a modification: the three legal requirements

Florida uses a three-part test. To win a modification you must show:

• Substantial — the support amount recalculated under the guidelines changes by at least 15% or $50 per month, whichever is greater.
• Permanent — the change isn’t expected to be temporary; courts generally want evidence it will last a year or longer.
• Involuntary — the change wasn’t caused by your own voluntary choices (for example, quitting a job or reducing hours by choice).

What “substantial” looks like in practice

Florida’s bright-line threshold helps separate small fluctuations from meaningful changes. The guidelines only justify modification if the new support amount differs from the current order by at least 15% or $50 per month, whichever is greater. Example: if current support is $400/month, 15% is $60. Because $60 is greater than $50, you need at least a $60 change to qualify.

Minor raises, temporary overtime, or short-term increases in expenses rarely meet that threshold.

When is a change “permanent”?

Courts expect the altered circumstance to last. A short-term layoff, a one-month income dip, or a brief increase in bills typically won’t be enough. If you lost a job last week, you’ll need evidence that the loss is long-term or caused by factors outside your control before a judge will treat it as permanent.

What counts as “involuntary”?

If you voluntarily quit, cut your hours, retire early without good cause, or otherwise reduce your earning capacity by choice, the court may deny a modification and can “impute” income — assign you an income level the court thinks you could reasonably be earning. In short: don’t create your own reason to be underemployed and expect support to drop.

Other common bases for modification

• Significant change in the child’s needs — new medical conditions, ongoing therapy, or special education costs can justify modification when they substantially affect expenses.
• Long-term change in a parent’s income — promotion, demotion, disability, or sustained loss of income may qualify if they meet the three-part test.
• Long-term military reassignments or offshore work — temporary deployments usually don’t qualify, but permanent or long-term reassignment that significantly alters income might.

The modification process, step by step

1. File a supplemental petition for modification of child support with the court.
2. Serve the other parent formally with the petition.
3. Both parties exchange financial information: pay stubs, tax returns, a completed financial affidavit, childcare receipts, and any documentation of extraordinary expenses.
4. The court recalculates support using Florida’s child support guidelines.
5. Most cases resolve in mediation; if not, the judge decides at a hearing.

Can parents make a private agreement?

Yes — parents can agree to change support terms, but the agreement is not legally enforceable until a judge signs an order adopting it. Relying on a handshake or an unsigned agreement can lead to arrears and legal trouble if one parent stops paying.

Timing matters: retroactivity and arrears

A modification is not retroactive to when your circumstances changed. It’s retroactive only to the date you filed your petition. Waiting months to file can cost you the difference for that period — lost support does not usually get backdated beyond your filing date.

What if the other parent refuses to share finances?

Florida law requires both parents to file financial affidavits. If one parent refuses to disclose, the court can compel production of documents and may sanction noncompliance. Courts expect transparency when deciding support questions.

Mistakes to avoid

• Waiting too long to file — remember retroactivity starts at filing.
• Attempting to reduce income voluntarily to qualify for lower support — courts can impute income.
• Relying on an unsigned agreement — always get a court order.
• Failing to document expenses or medical/therapy needs — evidence is essential.

Quick checklist: do you have a modification case?

• Has income or expenses changed substantially (15% or $50+)?
• Is the change expected to last (generally a year or more)?
• Was the change involuntary (not caused by your own choices)?
• Have you gathered pay stubs, tax returns, and receipts?
• Are you prepared to file the petition promptly?

Final thoughts

Child support orders can be modified, but not on a whim. Florida’s statute and guidelines are designed to balance fairness for both parents and stability for the child. If your financial situation or your child’s needs have changed in a way that meets the legal test, act quickly, document everything, and consider consulting a family law attorney familiar with local practice to improve your chances of success.

Frequently asked questions

Does a job loss automatically reduce my child support?

No. A recent job loss is not automatically enough. You must show the change is substantial, expected to be long-term, and involuntary. Temporary layoffs or short-term unemployment generally won’t qualify.

How much must support change to justify modification?

The recalculated guideline amount must differ from the current order by at least 15% or $50 per month, whichever is greater. Smaller differences typically won’t justify court-ordered changes.

Can I agree with my co-parent to lower support without going to court?

You can reach an agreement, but it’s not enforceable until a judge signs an order adopting it. Without a court order you risk arrears and enforcement actions if payments stop.

If I file, how far back will a modification be effective?

A modification is usually retroactive only to the date you filed the petition. That’s why filing promptly is important if you want relief for past months.

What if my ex refuses to provide financial records?

Florida courts can compel disclosure. Both parents are required to file financial affidavits, and failure to comply can lead to sanctions or an adverse inference by the court.

Do temporary military deployments or offshore assignments qualify?

Usually not. Short-term deployments and temporary assignments typically don’t meet the permanence requirement. A long-term reassignment that changes income permanently might qualify.

Need help?

If you believe your circumstances meet Florida’s modification standards, consult a family law attorney at Sasso Guerrero & Henderlite who knows local courts, evidence rules, and the child support guidelines. Proper documentation, prompt filing, and the right strategy make a big difference.