Clermont, FL asked in Child Custody, Child Support, Divorce and Family Law for Florida

Q: Can my ex husband lower child support even though our incomes haven’t changed?

When I got divorced last year my ex agreed to pay $1500 in child support so I could keep the house because he didn’t want it. I was just served papers that he is trying to lower his child support claiming that our current incomes allow for a 15% or more decrease. Neither of our incomes have changed and he makes considerably more money than I do. Can he change child support if our circumstances are still the same?

2 Lawyer Answers
Henry George Ferro
Henry George Ferro
Answered
  • Divorce Lawyer
  • Ocala, FL
  • Licensed in Florida

A: It is unlikely, changes in child support can only be made when there are changes in circumstances...From your description that is not present...

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: If part of the agreed child support was intended to pay the mortgage on the marital home--and if you have since sold the house--that material fact is a "changed circumstance" which your ex can certainly raise in court.

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