Posted by Nydia Streets of Streets Law in Florida Child Support

For how long must income be reduced for a parent to qualify for a modification of child support in Florida? Under Florida law, in order for child support to be modified, there must be a showing of a substantial, material and permanent change in circumstances. For a change to be considered “permanent”, it usually must be more than some months, and not due to seasonal changes in income. This issue was explored in the case Arrington v. Arrington, 1D20-729 (Fla. 1st DCA April 20, 2021).

The parties entered a marital settlement agreement in their divorce which in part obligated the former husband to pay child support to the former wife. The agreement stated the child support would not be reduced once the oldest child was no longer eligible for support, and that the former husband would continue to pay the same amount of support through the date the youngest child turned 18. The former husband later filed a petition for modification of child support, alleging a change in circumstances.

At the hearing on his petition, the former husband had his manager testify as to his reduced hours and pay. The manager testified that he was unable to offer the former husband overtime because of a seasonal slowdown and because of the hiring of other employees. No testimony was offered as to the duration of the slowdown and whether or not this reduction in pay was permanent. Nonetheless, the trial court entered an order granting the former husband’s petition, reducing his support obligation and also providing for a reduction in support once the oldest child turned 18. The former wife appealed.

The appellate court reversed, holding it was error for the trial court to reduce the child support absent findings that the reduction in income was permanent. Since it was the former husband’s burden under the law to present evidence that the change in his income was permanent, and he presented no evidence or testimony to that effect, there was no evidence before the trial court that would justify a reduction of support. The appellate court noted “Moreover, at the time of the hearing the former husband had experienced a reduction in income for only several months. Cf. Perez v. Perez, 973 So. 2d 1227, 1232 (Fla. 4th DCA 2008) (holding that a severe reduction in income for ‘nearly a year, with no end in sight,’ established permanency); Freeman v. Freeman, 615 So. 2d 225, 226 (Fla. 5th DCA 1993) (‘A showing of a substantial change in circumstances for one year or more constitutes a change of sufficient permanency to grant relief.’).”

Schedule a consultation with a Miami child support lawyer to understand how the law may apply to your case when seeking to modify support.