Posted by Nydia Streets of Streets Law in Florida Child Support
When a party fails to exercise timesharing, and Florida child support is calculated by taking into account the timesharing, support may be modifiable. This issue arose in the appellate case Myers v. Lane, 4D18-3681 Myers v. Lane (Fla. App., 2019) in which the father was found to have abandoned his child.
The former wife moved to modify the child support provision of the party’s final judgment, alleging that a substantial change in circumstances had occurred because the former husband was no longer exercising his timesharing as ordered. The former husband countered that the trial court had no jurisdiction to decide the child support issue because it was referred to a general magistrate and he further contended there was no financial change which would support a modification. The trial court denied the former wife’s petition for modification and she appealed.
The appellate court found no merit in the former husband’s arguments. First, it rejected the former husband’s claim that the trial court did not have jurisdiction over the matter because it was referred to the general magistrate. Next, the court cited Florida Statutes which indicate a parent’s failure to regularly exercise court-ordered timesharing constitutes a substantial change in circumstances which warrants modification of Florida child support. The case was therefore remanded with instructions for the trial court to order modification retroactive to the date the former husband first failed to regularly exercise his timesharing.
Modification of Florida child support requires consideration of the Florida child support guidelines. Set a consultation with a Miami child support lawyer so that guidelines specific to the facts of your case can be prepared to give you an idea of how a court may rule on your request for modification.