Posted by Nydia Streets of Streets Law in Florida Child Support
According to Florida law, “A petition for modification of child support need only allege a substantial change in either the child’s needs or one of the parent’s income.” Vincent v. Vincent, 715 So. 2d 1147, 1148 (Fla. 4th DCA 1998). This was an issue in the case Ali v. Sanchez, 4D2024-0114 (Fla. 4th DCA January 15, 2025).
The mother in this case filed a petition for modification of child support alleging a substantial change in circumstances. The father answered, agreeing that there had been a substantial change and counter-petitioning for modification based on the parties’ current incomes. At trial, evidence was presented about each party’s incomes, and the father’s income had more than doubled, while the mother claimed hers decreased. The trial court denied the petition, finding “‘[the parties] spent the majority of the trial focused on the determination of income for each,’ yet concluded that a change in circumstances ‘was never mentioned, discussed, explained, or proven in this trial.’” The mother appealed.
The appellate court noted “[A] substantial increase ‘in the paying parent’s income is itself sufficient to constitute a change in circumstances warranting an increase in child support without a demonstration of increased need.’” Matthews v. Matthews, 677 So. 2d 323, 326 (Fla. 1st DCA 1996). The court concluded “Here, the parties agreed that there had been a material change in financial circumstances. Using the evidence most favorable to the father, his net monthly income had more than doubled since the time of the final judgment. The magistrate misconceived the legal effect of the evidence. The circuit court abused its discretion by accepting the magistrate’s conclusions. We therefore reverse and remand to the circuit court for further proceedings on the issue of child support.”
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