Is It Possible to Increase Child Support Payments? (What Are the Requirements to Do It?)

How to Increase Child Support Payments

If you’re wondering, “Is it possible to increase child support payments?” our attorney at S. G. Morrow & Associates answer: it is possible. In fact, you could change the amount of child support either higher or lower.

This is something we’ve recently witnessed in the news when Britney Spears’ ex, Kevin Federline, requested an increase in child support. You’re probably wondering by now, “Wait, is Federline the one with custodial parent rights to Britney’s kids?” and the answer is yes.

While it may sound bizarre that a father is the one asking for child support payments, there has actually been an increase in cases in the United States when the father becomes the custodial parent and receives child support from the mother of their children.

Back to the topic. So Federline has hired a child support lawyer to request an increase in child support after Britney’s lucrative Las Vegas residency. The father of their two sons, Preston, 12, and Jayden, 11, currently receives $20,000 a month.

As should always be the case when you’re filing a request to modify the child support agreement, the lawyer outlined reasons why Federline, who was married to Britney between 2004 and 2007, should receive more.

Requirements to Modify Child Support

One of the biggest requirements to modify child support payments to either increase or decrease the amount is to prove that after the existing agreement was put in place, there has been a substantial change in circumstances that require more or less support.

“What is a substantial change in circumstances?” you may be wondering. Well, think: a change in the child’s needs, the child starting to go to school, an increase in salary of the non-custodial parent, or, on the other hand, the involuntary loss of a job.

Our seasoned child support attorney in Aventura has prepared a list of the most common reasons for child support modifications in Florida and elsewhere in the U.S.:

• A substantial increase in the child’s needs

This requires more financial support, including but not limited to unexpected medical expenses (for example, the child sustained injuries in a car accident), educational expenses, cost-of-living increases, etc.

• A substantial increase in the non-custodial parent’s salary

“How is this fair?” many of our clients ask. Well, courts in Florida consider it in the best interest of the child to live a better life, and an increase in the non-custodial parent’s income can help the custodial parent afford more things for their children. An increase of 10 percent or more is usually considered enough to approve a child support modification.

• A substantial decrease in the custodial parent’s income

This may either be because they lose a job or their salary is significantly reduced. The court will consider whether the change is involuntary, significant, material, and ongoing, and the modification must result in at least a 15% or $50 difference in the support amount, whichever is greater.

Do note, however, that a child support modification would be declined if the “substantial changes” were a result of one of the parent’s intentional actions. For example, the non-custodial parent quitting their job will most likely not help them obtain a decrease in child support payments. Similarly, taking a substantial pay cut voluntarily will most likely not be considered a qualified reason for decreasing support.