Recent Posts in Modifications Category

In the state of Florida, when a child support order is issued by the court, the amount of support that is to be paid is based upon 1) the needs of the child and 2) the income of both parents.  Often times, parents experience changes in the income they earn.  When this happens, they may seek modification of child support, which is a change in the amount of support that is to be paid.

Parents may seek child support modifications anytime they:

§  want to add or remove a child from an order

§  want to add or remove medical support from the order

§  want to increase or decrease the amount of child support due to change in income

§  want to extend the time support needs to be paid

There are numerous reasons why parents may seek child support modification.  In order to know if their reasons are valid and will pass a Child Support Order Review, parents should work with a Jacksonville family law attorney at Ellerin & Hutchinson.  Contact us today to discuss modification.

As the recession continues to fuel the unemployment rate in Florida and throughout the country, more and more parents ordered to pay child support are losing their jobs, making it difficult for them to comply with their court-ordered child support obligations. As a result, the courts are seeing a drastic increase in the number of parents requesting a modification of their child support orders.

Here in Florida the unemployment rate recently hit 11.8%, and you can be sure countless parents in Jacksonville and throughout the state are turning to the courts for help.

If you are struggling financially and are having a difficult time making your child support payments, an attorney at Ellerin Hutchinson can help. We understand that due to circumstances outside of your control you may have trouble making your child support payments. We know you’re not a deadbeat parent, and can help you request a modification from the court. As long as you can prove that you have experienced a significant change in circumstances that prevents you from complying with the child support order, and can prove you simply do not have the financial means to make your current payments, the court should agree to lower your payments. In the event the court denies your modification, we can appeal the ruling and find other ways to help you.

To arrange a consultation with an experienced Jacksonville child support lawyer to discuss your situation, please contact Ellerin Hutchinson today at (904) 866 4489!

As the economy forces more companies to lay off employees and more employees are losing their jobs, those people who have been ordered to pay child support are having trouble making their payments. These are not people who are lazy or trying to shirk their responsibilities, but rather cannot afford to make their payments because they are not receiving any or enough income. Ask any child support agency in any county and they’ll likely tell you they’ve seen a significant increase in requests to get child support payments lowered.

The case of Michael Dierolf sheds light on this growing problem.

Dierolf was diagnosed with cancer last year. After undergoing chemotherapy and other treatments, Dierolf tried to hold on to his job as a forklift operator but was laid off in December. Since then he has been unable to make his $140-a-week payments for his two sons. Dierolf says he’s been trying his hardest get a job and collect unemployment, but so far has had no luck.

Not one to avoid his responsibilities, Dierolf met with a representative at his local child support agency to get his payments lowered and set up a repayment plan. He says as soon as he gets a job he plans to pay back the $3,000 he owes. Fortunately the representative was understanding of Dierolf’s situation, and is giving him another month or so to try and find a job.

The courts are supposed to modify a child support arrangement if one parent proves they are no longer able to keep up with the payments due to a significant change in circumstances.

That’s how it’s supposed to be, but a judge in Las Vegas has failed to reduce a man’s child support obligations, despite the fact he is earning hundreds of thousands of dollars less in income.

At the time Anthony Fernandez divorced his ex-wife he was making $500,000 to $4 million a year in the stock market. But now that the economy is worse and the stock market has soured Fernandez makes $3,000 a month selling cars.

Obviously unable to keep up with his $80,000 a year in child support, Fernandez asked the Nevada Supreme Court to reduce his child support obligations. Instead of granting him a modification, the judge said he deserves a hearing in the district court to determine whether or not his drop in income warrants a modification.

Another element that should justify Fernandez’s request for a modification is that his ex-wife’s monthly income is now the same if not more than what Fernandez is bringing home.

No situation is ever permanent.  Families expand, ex-spouses get remarried, jobs are lost and gained, incomes increase and decrease, and the cost of life fluctuates.  Sometimes a change in circumstances affects one’s ability to comply with a previous court order.  Fortunately, judges understand that life changes and with that people's situations change.  

Under Florida family law, you can ask the judge to change or modify a court order if you can prove a significant change in circumstances warrants the modification.  For example, if you were ordered to pay child support or alimony, but you have recently been laid off from your job or have become injured and are no longer able to work, you can ask the judge to lower the amount of support you are required to pay. Similarly, if you are the one receiving child support or alimony, and you would like to ask the judge for more money, you will need to prove why you deserve to get more support.

Time-sharing   and parenting plans can also be modified after a divorce has been settled.  The court understands that situations change, and is open to modifying a time sharing or parenting plan as long as you can prove it is necessary and that it does not compromise the best interest of the child.  Like all child-related family law issues, the judge’s main concern is to ensure that any changes or modifications you seek will not have a negative impact on the child.