Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent wants to change professions or jobs, how does this affect a Florida child support order? Depending on how the change affects the parent’s income, the change may not be sufficient to modify a Florida child support order. This is discussed in the case Gerville-Reache v. Gervielle-Reache, 1D19-1331 (Fla. 1st DCA June 11, 2020).
The former husband filed a petition to decrease his child support obligation, apparently arguing that because he quit his former career in logistics in order to build a real estate career, his child support obligation should be reduced since he was experiencing a lower income. In order for a court to modify a child support obligation, the court must find there has been a substantial change in circumstances that was not contemplated at the time of entering the order. The change must be involuntary, meaning a parent must not take steps to purposely or voluntarily reduce his or her income.
The trial court found the former husband’s career change was voluntary and therefore denied his request for a downward modification of his support obligation. The former husband appealed, the appellate court upheld the ruling, holding “Voluntary underemployment is a sufficient basis upon which to impute income.”
When you are considering filing a petition for modification of child support, contact a Miami child support lawyer to go over your options. Having a consultation is the first step in understanding how the law may apply to your case.