Posted by Nydia Streets of Streets Law in Florida Child Support

If a parent who is ordered to pay child support has other children after the support order is entered, is that a basis to modify child support in Florida? If a parent is seeking a decrease in child support, Florida law generally states that modification cannot be based on after-born children. However, if a parent is seeking to increase the other parent’s child support payments, the after-born child may be asserted as a reason to deny modification or at least to grant a deviation from the Florida child support guidelines in the paying parent’s favor. This was an issue in the case Reed v. Fla. Dep't of Revenue, 1D19-3833 (Fla. 1st DCA August 6, 2020).

When the parties divorced, they had three minor children for whom the former husband was ordered to pay support. When the parties’ oldest child reached the age of majority, the former wife (through the Department of Revenue) petitioned for an increase in child support for the remaining children based on a change in circumstances. The former husband, by that time, was remarried and had a child with his current spouse. The trial court granted the petition for modification and gave the former husband what is known as a Speed credit, referring to a case known as Speed, 749 So. 2d at 511 (holding that a parent is entitled to a child support credit for expenses paid by the obligor to support other biological children). In granting the credit, the trial court applied a 50-50 time-sharing agreement to the calculation of the former husband’s child support credit for the younger child, reasoning that because the former husband, his current wife and their child reside together, there is equal time-sharing. This resulted in a lower credit to him for child support for that child than there would have been had there been no time-sharing credit. The former husband appealed.

The appellate court agreed with the former husband that it was error to credit him for the 50-50 time-sharing with his youngest child, holding “Here, the trial court granted the former husband a Speed credit against the child support he owed the former wife for their two children based on his support obligations for his child with his new spouse. Then it applied a 50/50 timesharing adjustment to that credit under section 61.30(11)(a)10. because the former husband and his new spouse live in the same home. Even assuming section 61.30(11)(a)10. could apply at all to this situation, there is no record evidence of any timesharing agreement between them for their after-born child. To the contrary, the undisputed evidence shows that they all live together as an intact family. We thus agree with the former husband, and accept DOR's concession on appeal, that the trial court abused its discretion by applying a timesharing adjustment to the former husband's Speed credit.”

Modifying child support when there are younger children at issue requires careful application of the Florida Statutes. Schedule a meeting with a Miami child support attorney to determine how the law may apply to your case.