Palm Beach Modification of Child Custody and Visitation Attorney

Under Florida law, when the parties enter into an agreement for payments of child support, or when a party is required by court order to make payments of child support, and the circumstances or the financial ability of either party changes, either party may apply to the circuit court for an order decreasing or increasing the amount of support.  The supplemental petition for modification of child support may be filed in the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered.  The court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of child support provided for in the agreement or order.  The court may modify an order of child support by increasing or decreasing the support retroactively to the date of the filing of the action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child.

When an order or agreement is modified, the party having an obligation to pay child support shall pay only the amount of child support directed in the new order, and the agreement or earlier order is modified accordingly.

If a party applies for a reduction of child support and the circumstances justify the reduction, the court may make the reduction of child support regardless of whether or not the party applying for it has fully paid the accrued obligations to the other party at the time of the application or at the time of the order of modification.

When a court of competent jurisdiction enters an order for the payment of child support, the court shall make a finding of the obligor’s imputed or actual present ability to comply with the order.  If the obligor subsequently fails to pay child support and a contempt hearing is held, the original order of the court creates a presumption that the obligor has the present ability to pay the child support and to purge himself or herself from the contempt.  At the contempt hearing, the obligor shall have the burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt.  The court shall state in its order the reasons for granting or denying the contempt.