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A post shared by Family Matters Law Group & DIY Legal (@familymatterslawgroup)

Retroactive Modification of Child Support in Florida: When Timesharing Stops

Navigating the complexities of child support can be daunting, particularly when circumstances change. One common issue arises when a parent ceases to exercise their court-ordered timesharing. In Florida, this change can impact child support calculation, potentially allowing for retroactive modification. This blog will delve into the legal landscape of retroactively modifying child support in Florida when a parent stops utilizing their timesharing.

Understanding Child Support and Timesharing in Florida

In Florida, child support is calculated using a guideline formula that considers several factors, including the income of both parents and the amount of time each parent spends with the child. Timesharing, also known as visitation or custody, plays a crucial role in determining the amount of child support owed. Generally, the more overnights a parent has with the child, the lower their child support obligation.

When Timesharing Stops

When a parent stops utilizing their court-ordered timesharing, it can create a significant imbalance in the child support calculation. This is because the initial support order was based on the assumption that the parent would be spending a certain amount of time with the child. If this assumption no longer holds true, the custodial parent may seek a modification of the child support order.

Retroactive Modification: The Legal Framework

Florida law permits the retroactive modification of child support under certain circumstances. According to Florida Statutes § 61.30(11)(c), the court may modify a child support order retroactively to the date when the parent stopped exercising their timesharing. However, this retroactive modification is not automatic and requires the custodial parent to take legal action.

Steps for Seeking Retroactive Modification

1. File a Petition: The custodial parent must file a petition for modification of child support with the family court. This petition should outline the change in circumstances, specifically that the non-custodial parent has ceased utilizing their timesharing.
2. Provide Evidence: The custodial parent must provide evidence to support their claim. This could include records of the timesharing schedule, documentation of missed visits, and any relevant communication between the parents.
3. Court Hearing: The court will schedule a hearing to review the petition. Both parents will have the opportunity to present their case. The court will consider the evidence and determine if a modification is warranted.
4. Retroactive Calculation: If the court finds in favor of the custodial parent, it may order a retroactive modification of child support. This means the increased support amount can be applied retroactively to the date when the non-custodial parent stopped exercising their timesharing.

Considerations and Challenges

While seeking a retroactive modification of child support can provide financial relief for the custodial parent, there are several considerations and potential challenges:

• Proof of Change: The burden of proof lies with the custodial parent to demonstrate that the non-custodial parent has stopped utilizing their timesharing.
• Court Discretion: The court has discretion in determining whether a modification is appropriate and the extent of any retroactive application.
• Legal Representation: Navigating the legal process can be complex, and having an experienced family law attorney can be crucial in presenting a strong case.

Conclusion

Modifying child support retroactively in Florida, when a parent stops utilizing their timesharing, can be a critical step in ensuring the financial needs of the child are met. It's essential for custodial parents to understand their rights and the legal process involved. By taking timely legal action and providing compelling evidence, custodial parents can seek a fair adjustment to their child support order, reflecting the true dynamics of their parenting arrangement.

For further guidance and assistance, consider consulting with a family law attorney who can provide personalized advice based on your specific circumstances.