Modification of Child Support
Florida House Bill 907, signed into law on Monday, requires that support orders, and Income Decution Orders, take into account the payor parent’s reduced obligation for child support as each child would no longer qualify to receive support. Prior to the entry of this bill, if there were no provision in the settlement agreement which made provision for the reduction of support for each child, the parent would need to petition the court and seek a reduction. If the parent did not seek a reduction, the support would continue to accrue at its current rate until such time as a petition was filed. Before the bill, the burden was on the parent paying the support to modify it and that, without a modification, the support would inure to the benefit of the child and was a vested right of the child. The reality is that the support would continue to be paid, at the same rate, for more than one child and it would be paid to the other parent, not the child, to use as he or she deemed appropriate. The parent receiving the support would argue that the support should continue to be paid regardless of the number of children; the parent paying the support would argue that it was unfair. The house bill appears to clarify that the support should be reduced as each child no longer qualifies for support under the law.
