Posted by Nydia Streets of Streets Law in Florida Child Support

Can child support be non-modifiable in Florida? For example, if the parents agree child support cannot be less than a certain amount, but one parent loses a job or another parent begins earning significant income, can the child support amount be changed despite the parents’ agreement to keep it at a certain amount? This was an issue in the case Funderburk v. Funderburk, 2D21-2421 (Fla. 2d DCA January 6, 2023).

The parties agreed at the time of their divorce that the father would pay child support of no less than $2,000 per child for their three children. Later, the father filed a petition for modification of timesharing and child support. He alleged that his income had significantly decreased while the mother’s had significantly increased since the entry of the final judgment. After a hearing before the general magistrate, an recommendation was made to grant the father’s request for increased time-sharing and to decrease the child support despite the parties’ agreement to the contrary. The mother filed exceptions to the report, and the trial court overruled her objection on the time-sharing change, but granted her exceptions as to the child support, reasoning the parties’ agreement did not allow for a change to the child support below $2,000 per child. The father appealed.

The appellate court reversed, holding “This court has recognized that ‘an agreement [regarding child support] would not be effective to oust an equity court of either its inherent powers or its expressly granted statutory powers to control, protect and provide for infants’ and ‘[a]ny substantial change in the father's ability to provide or the child's need for support would justify a modification of the support provisions, notwithstanding the provisions of the [MSA] or the fact that the final decree which established child support approved the agreement.’ Dep't of Health & Rehab. Servs. ex rel. Walker v. Walker, 411 So. 2d 347, 350 (Fla. 2d DCA 1982) [further citations omitted] (‘[A contract cannot] divest the courts of their authority to modify child support, for inherent in a court's authority is the authority to modify child support—regardless of any agreement between the parties.’ (quoting Guadine v. Guadine, 474 So. 2d 1245, 1245 (Fla. 4th DCA 1985))). Therefore, the trial court erred by concluding that it lacked the authority to modify the father's child support obligation despite the language in the parties' MSA setting the minimum amount of child support.”

Therefore, despite parents’ agreement to the contrary, child support is modifiable under Florida law. Schedule your consultation with a Miami child support lawyer to understand how the law may apply to the facts of your case.