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Is child support modification always granted due to job loss?

Asked about 3 years ago - Loxahatchee, FL

My ex had me served with papers for child support modification since he lost his job of 22 years. He stated the company shut down and he was permantly laid off, his employer told me the company did not shut down and he is only temporarly laid off, either way he has filed for unemployment and based on an estimated 1100.00 a month he will be required to pay 258.00 per month instead of the usuall 825.00 per month for our 17 year old son.

He tried to get a modification in 2002 based on a reduction in pay, I hired a laywer and it cost me over 3800.00 to prove that he actually had an increase in income, not a reduction. When he and his lawyer realized this they decided to drop the case. His false claims put a financial strain on me.Then about a year and a half ago he hit the lottery for 5000.00.

Also, what are my chances of getting back child support based on the amount he was originally ordered to pay, and how do I ask for it?

I have received the same amount of child support since 2001 (almost 8 years). I never took him back for a modification to increase child support based on his increased income over the years. Perhaps I should have. Shame on me.

Based on this information how should I answer the modification? My son is a teenager about to begin his senior year, which can be extremly costly not to mention the other day to day costs of feeding, clothing and housing a teenager combined with the high cost of auto insurance when a teenager lives in the house and gas to and from school........the expenses go on and on at this stage in a childs life. Please help me protect my child. Thank you.

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Attorney answers (1)

Pamela S. Wynn

Reputation Level 11

Answered about 3 years ago. Guardianship Law Attorney in Boynton Beach, FL.

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Take a deep breath. First of all, any modification of child support based on job loss is likely to be a temporary reduction BUT even a temp reduction requires proof of several things are not present in your description.

Your ex will have to prove a substantial change in circumstances that was significant, material, involuntary & permanent. He will also have to show that he is looking for similar work. More than the typical Unemployment Comp job search is usually required ("exhaustive job search" is often used in court opinions). The court can also look at his assets when determining a downward request. If there has been a thorough job search without results, the judge can temporarily reduce or suspend child support.

You can ask the court to reduce the arrears to a judgment so there is no dispute about how much is currently owed.

The petition for modification should be denied if you think that he does not met the criteria and/or he is asking for a permanent change. Unemployment will not usually result in a permanent change in the amount of child support.

Florida Statute 61.13

Florida Child Support & Unemployment

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