Modifying a Child Support Agreement in Clearwater, FL

Once a child support order is put into place, it can be very hard to modify it after the fact. A judge will expect to see that some unforeseen and drastic change has occurred to warrant modifying the original order.

In one case, Chilson v. Chilson, the former wife sought to modify the child support payments she was receiving. In this article, we’ll discuss the case and the elements you must prove to modify a child support order in Florida.

Background of the case

A former wife argued that her income had decreased while her former husband’s income increased. The resulting financial loss impacted the wife’s ability to support her children. However, the trial court dismissed her petition without considering those factors and instead focused on the husband’s willingness to pay for the child’s needs.

The central issue was whether the former wife’s testimony constituted a “substantial change” in circumstances sufficient enough to warrant modifying the child support order. The trial dismissed her case on the basis that she failed to prove that a substantial change in circumstances had occurred. The wife appealed the matter to the Fourth District Court of Appeal.

What happened on appeal? 

The wife appealed the issue to the Fourth District Court of Appeals. The appellate court ruled in favor of the mother, stating that one party’s substantial increase in income and the other party’s decrease in income were enough to warrant changing a child support order. The appellate court ruled that the trial court erred by not considering the wife’s petition and the evidence necessary to support it.

The case of Chisholm v. Chisholm demonstrates that a substantial change in either party’s income or ability to pay can be enough to justify a child support modification in Florida. The appellate court also ruled that trial courts must consider these financial changes when deciding on child support modifications.

What constitutes a substantial change in circumstances? 

To modify an existing child support order, the parent seeking the change (the petitioner) must demonstrate that a “substantial change in circumstances” has occurred since the last order was entered. This change must be more than just a temporary shift in circumstances.

Key elements include:

• Substantial – The change must significantly impact a parent’s ability to pay or the child’s financial needs.

• Material – The change must be relevant to the child support calculation.

• Involuntary – The change in circumstances must not be caused by the parent’s own choices. For example, if a parent quits their job, the court is unlikely to modify their child support burden.
• Permanent – The change must be ongoing as opposed to a temporary setback. For example, a temporary lack of employment might not qualify as a permanent change if the party expects to be re-employed in the future.

Talk to a Clearwater, FL, Child Support Lawyer Today 

Cairns Law, P.A., represents the interests of Clearwater residents who want to modify their child support payments. Call our Clearwater family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.