Can I file an emergency motion for child support modification in Florida?
In order to file a motion or child support modification, the individual seeking the modification needs to fill out The Florida Supreme Court Approved Family Law Form 12.905(b), “Supplemental Petition for Modification of Child Support.” This form should be used when you are asking the Miami-Dade family court to change a current court-ordered child support obligation. The court can change a child support order or judgment if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests. You must serve notice of this filing to the other parent, and that parent has 20 days to respond. After that 20 day period, you will know if your case will be proceeding to trial. In the meantime, however, you must keep paying your child support obligation. If you stop making these payments, the court will likely just order you to pay it in the future, so it is in your best interest to keep paying the original child support payments to your best ability until you are told by the court that you may pay less each month.If you have an order to pay child support and would like to modify the payment amount, contact our Miami child support attorneys at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.
When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.
The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.