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Can the Other Parent Really Ask to Lower Child Support After 8 Years of Doing the Bare Minimum?

Posted by LEISA WINTZ | May 03, 2025 | 0 Comments

It's been eight years. The child is older. Both parents are making more money. The non-custodial parent now owns a thriving business—but still hasn't shown up consistently for their child. They haven't used their 35 allotted overnights a year, barely visit a few times annually, rarely call or check in, and live three states away. Now, suddenly, they want to go back to court to lower child support?

If your head is spinning—you're not alone. Let's unpack what's going on here and what Florida law really says about modifying child support.

When Can Child Support Be Modified in Florida?

Florida law allows a parent to request a modification of child support, but only when there's a substantial, permanent, and involuntary change in circumstances. The key words here are:

  • Substantial – The change must be significant (generally at least a 15% difference in the support amount).
  • Permanent – Temporary changes won't cut it.
  • Involuntary – The change can't be due to someone choosing to earn less or reduce involvement.

So, if someone has started a thriving business and increased their income, that actually works against a modification—not in favor of one.

What About Changes in Timesharing?

In some cases, a parent can modify child support if there's been a shift in how much time each parent spends with the child. But in this scenario, the non-custodial parent hasn't increased their time at all—in fact, they've failed to exercise the time they were already awarded.

  • Not showing up for parenting time?
  • Not engaging in schooling, healthcare, or the child's day-to-day life?
  • Only seeing the child a few days a year?

That's not a basis to reduce support. If anything, it highlights why support is needed in the first place.

Does the Child's Reluctance Matter?

Absolutely. Courts do consider the emotional well-being of the child. If the child is expressing reluctance to travel out of state, it may be a sign that the out-of-state parent has not built a strong relationship. A parent who has not nurtured a consistent or meaningful connection can't then use their lack of involvement to argue for less financial responsibility.

Child Support Reflects Responsibility, Not Just Time

Many people misunderstand child support. It's not a “payment” for access to your child. It's a contribution to the financial cost of raising a child—food, housing, clothing, medical care, education, and daily life. It reflects the shared obligation of parenting.

If one parent is doing the majority of the physical, emotional, and logistical labor of raising a child, and the other is minimally involved, the courts are unlikely to reward the uninvolved parent by lowering their support obligation—especially when that parent has the means to pay.

Final Thoughts

If you're a parent facing a request like this, know that Florida courts will look at the full picture. Increased income, lack of meaningful involvement, and failure to exercise parenting time all weigh heavily against reducing child support.

And if you're the parent to who hasn't been present, the best path isn't to pay less—it's to show up more, consistently and meaningfully.

Need help navigating this situation? We're here for you. At Family Matters Law Group, P.A., we understand the legal and emotional sides of parenting—and we'll help you protect what matters most.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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