Forms for Modification of Child Support in Florida

By Chris Blank

If you are ordered to make child support payments in Florida but you're having trouble meeting your obligation, you can seek an order to have your payments lowered. If you are receiving child support payments but your expenses have increased, you may seek an order to receive increased payments. However, you must file the proper paperwork and follow the required procedures. You may complete the required forms on your own, use an online legal document provider or consult with an attorney.

Petition and Financial Affidavit

To seek a modification of your child support order, either for an increase or reduction, you must file Form 12.905(b), Supplemental Petition for Modification of Child Support, with the jurisdiction where the original child support order was made. You must sign the form in the presence of a notary or a deputy clerk. You must also complete a financial affidavit and submit it within 15 days. There are two different financial affidavit forms -- one for annual incomes under $50,000 and a longer one for annual incomes above $50,000. However, you must use the longer Form 12.902 (c), Family Law Financial Affidavit, to address child support issues.

Service

Before the court acts on your petition, you must provide the other parent with notification by submitting Form 12.910(a), Summons, Personal Service on an Individual, either by the sheriff's department where the other parent lives or by private process server. Service by mail is not acceptable, and you may not serve the other parent yourself. In Florida, personal service must be made directly to the other parent or another person over age 15 living in the household. If you notify the other parent by personal service, the other parent must respond by filing a financial affidavit within 20 days. If you cannot find the other parent, you may make "constructive service" by publishing a notice after filing Form 12.913(b), Affidavit of Diligent Search and Inquiry. You may also provide notice by constructive service if the other parent lives in a different county or out of state. However, the courts may limit the relief granted to you if you serve the other parent by constructive service.

Divorce is never easy, but we can help. Learn More

Default and Counter-Petition

Once your petition has been filed, the other parent must file a completed Family Law Financial Affidavit form within 20 days. If the other parent files an uncontested response, the court will schedule a final hearing upon your request. You must provide the other parent with notice for that hearing. If the other parent files a counter-petition, you must file a Notice for Trial, Form 12.924, as well as the Answer to Counter-Petition, Form 12.903(d), within 20 days. If the other parent fails to respond within 20 days, you may file a Motion for Default, Form 12.922(a), with the court clerk. You must provide notice to the other parent by filing Notice of Hearing (General), Form 12.923 or a similar form.

Supplemental Forms

Along with your petition and financial affidavit, you must file Form 12.932, Certificate of Compliance with Mandatory Disclosure, with the court. If the other parent files a contested response, you will also need to complete Form 12.902(e), Child Support Guidelines Worksheet, with your financial affidavit. If you are not receiving court-ordered child support payments or receiving only partial or sporadic payments, you may file Form 12.960, Motion for Civil Contempt/Enforcement, which must be served on the noncompliant parent.

Divorce is never easy, but we can help. Learn More
Rules for Modification of Child Support in Wyoming

References

Resources

Related articles

How Much Does it Cost to Form an LLC in Ohio?

The Ohio Secretary of State’s office regulates business entity formations in the state, including limited liability companies. Forming a LLC in the state involves filing paperwork with the office and paying associated fees. All filings can be mailed, faxed or delivered in person. Offices for in-person delivery are available in the state capital of Columbus and in Cleveland. All fees listed are valid as of 2010.

How to File an Uncontested Divorce in Tennessee

Although an uncontested divorce can mean that your spouse isn’t responding to your divorce papers and won’t involve herself in the process, in the truest sense it means that you have come to terms on all issues. Tennessee offers a simplified divorce when this is the case. Although the state recognizes 12 different fault grounds, these generally pave the way for a contested matter. If you’re filing what you expect to be an uncontested divorce, you can use the no-fault ground of irreconcilable differences.

Documents Needed for the Respondents in a Divorce Summons

Receiving notice that your spouse filed for divorce can be a stressful experience. Most states require that the filing spouse have the other spouse personally served with the divorce paperwork, which typically includes both a summons and complaint. These documents provide a basic outline of the case and explain your initial responsibilities. Knowing how and when you must respond to this paperwork will help ensure your full participation in all aspects of the divorce process.

Get Divorced Online

Related articles

Steps to Filing for Divorce in Pierce County, Washington

The state of Washington permits you to obtain a divorce if you or your spouse is a resident of the state. State law ...

How to File for Modification of Child Support in Alabama

You may file for modification of child support anytime a change in circumstances, as defined by Alabama law, has ...

Forms for Sole Custody in Arizona

As a parent, you may file for sole legal and physical custody of your children in an Arizona county court as long as ...

Florida Divorce Paperwork Checklist

Most lawsuits generate a lot of paperwork, and this is particularly true with divorces. A court needs information ...

Browse by category
Ready to Begin? GET STARTED