Posted by Nydia Streets of Streets Law in Florida Child Support

When a child support amount is agreed-upon, is there a higher burden than usual for a parent seeking to modify the amount? Some courts have used the “heavier burden” standard, reasoning that because the child support was agreed-to, the party seeking to change it has a higher burden than the law normally provides in proving that it should be changed. But other courts have reasoned that the regular substantial, involuntary change in circumstances standard applies. This was an issue in the case Mannella v. Mannella, 6D23-137 (Fla. 6th DCA March 10, 2023).

The parties’ agreed final judgment required the former husband to pay $250 per month for child support in addition to alimony. He later filed a petition for modification of child support citing in part an increase in the former wife’s income and a decrease in his income. The former husband was self-employed throughout the parties’ marriage up until three months prior to the hearing on his petition for modification. At trial, the former husband admitted his income had increased since the entry of the final judgment. The trial court ultimately found that the former husband voluntarily reduced his income in hopes of terminating his child support obligation and having the former wife pay him. His petition was denied and he appealed.

The appellate court affirmed the trial court’s rulings, finding there was no abuse of discretion even though the former wife’s income had increased. The court noted the former husband’s income had actually increased as admitted by him at trial. As to the burden in modifying child support, the appellate court noted “The parties both argue the judicially created ‘heavier burden’ standard applies. Their arguments are misplaced because this standard has been superseded by statute. [. . .] Here, the trial court applied the proper standard—a substantial change in circumstances—in ruling on Former Husband’s petition to reduce his child support. The ‘heavier burden’ standard does not apply. See § 61.14(7).” The appellate opinion ended certifying conflict with other district courts of appeal “solely on the standard of proof required for downward modification of a child support obligation established by agreement.”

Schedule your meeting with a Miami family law attorney for an in-depth case analysis.