Florida Appeals Court Clarifies Standard for Modifying Child Support

You’re done with your divorce, but now, circumstances have changed, and you need to modify how much child support you pay. Parents in this situation often ask whether they can reduce their child support obligation. A recent case from Florida’s Sixth District Court of Appeal, Manella v. Manella (2023), sheds some light on how courts evaluate these requests and which legal standard should apply.

Background of the case

In the aforementioned case, the parties’ marital settlement agreement required the former husband to pay $250 per month in child support. Later, the father asked the trial court to lower his child support obligation. The father argued that his income had decreased and that the former wife’s income had increased, creating a “substantial change in circumstances.”

The trial court denied the father’s petition, finding that there was not enough evidence of a substantial change and, therefore, there was no reason to modify the existing support order. The husband appealed the decision to Florida’s Sixth District Court of Appeal.

Understanding the stakes

The central question before the court was: Does a parent who agreed to a child support amount in a settlement face a “heavier burden” to reduce that support than someone whose obligation was imposed by the court after trial?

Earlier cases had suggested that a parent has to meet a tougher standard when the original child support amount came from an agreement. The reasoning behind that was that the parents should be held to their bargains. But that view conflicted with Florida’s child support statute (§ 61.14, Fla. Stat.), which sets the same “substantial change in circumstances” requirement for any litigant.

The appeal 

In this case, the appellate court affirmed the trial court’s decision to deny the father’s reduction. However, the panel took the opportunity to clarify Florida law. The judges explained that there is no special or extra burden on a parent simply because the original support order was based on an agreement.

Instead, the law requires only that the requesting parent prove a “substantial, material, involuntary, and permanent change” in circumstances. This is the same standard that applies to all modification requests under Florida law. In other words, child support is always modifiable if the legal test is met, regardless of how the original number was derived.

Key takeaways from this case

The Mannella decision is important for both payors and recipients of child support. For paying parents, you have the right to seek a modification if your income has significantly decreased, or if the other parent’s income has substantially increased. You do not face an artificially higher burden just because the child support figure was agreed to in mediation.

For receiving parents, the ruling does not mean that child support will be lowered automatically. The paying parent still has to prove real change. Temporary setbacks or speculative arguments are not enough.

This case reinforces that the focus remains on the child’s best interests and financial needs, not simply on enforcing agreements at all costs.

Talk to a Largo, FL, Divorce Lawyer Today 

The Largo, FL, child custody attorneys at Cairns Law, P.A., can help parents reduce their child support burden. Call our office today to schedule an appointment and learn more about how we can help.

Source:

caselaw.findlaw.com/court/dis-crt-app-flo-six-dis/2192620.html#:~:text=The%20trial%20court’s%20final%20judgment,per%20month%20in%20child%20support.