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Modification of time sharing and child support

Cape Coral, FL |

My ex filed to modify our time sharing and child support. If the judge denies her request to modify time sharing, can the judge still grant the modification of child support. If there has been a change in the incomes? My ex makes the same she did 3 years ago when we divorced. I on the other hand make about 25k more than I did at the time of divorce. We have 2 children together ages 5,6.

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Yes, your child support obligation can be increased even if time sharing is not. The standard is need and ability to pay and, as I am sure you know, there is a complicated calculation for child support. Children's needs are presumed to go up as they get older, if your income also goes up it is highly likely that you will be ordered to pay more.

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I make 76k she makes 29k. I made 52k when we're divorced and she made maybe 25k. Right now we have 50/50 kids spend a week with me and a week with her. I pay $205/month in child support now. About what will it go to if time sharing stays the same?

Marian Audrey Lindquist

Marian Audrey Lindquist


I agree with Attorney Chambers. You need to start manipulating the numbers in a software program, including the costs of health insurance and child care.


Yes, the child support can be modified in either case.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951

Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.


The child support may be modified even if the judge does not grant the modification of time sharing. If your income went up $25K, it sounds like you have a substantial change in circumstances which may result in your child support being raised. I must respectfully disagree with my colleague regarding the standard for child support being need and ability to pay. That is the standard for spousal support. Child support is based on statutory guidelines that takes into account both of your incomes.

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Go the Florida Senate website. From there look up Fla. Stat. 61.30. This is the Florida Child Support Guidel;ine statutes. As several of my collegues commneted it is based on "models of income" approach. If child support is referenced in the paper work before the court (it must be for the court to have the power or jurisdiction to deal with it) than it can be adjusted even if other parenting issues are not. With two kids you're probably looking at an increase in support of around $400 to $500 per month on the $25,0000 gross increase. Get a lawyer. The calculations are complicated and different lawyers have different ideas about their construction. An extra $6000 per year for 13 years makes a couple thousand for a lawyer seem cheap by comparison.

This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.


Yes your support can go up since your income also increased.


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