Changing Child Support Amount Due to Increase in Income?
From Janet from Fleming Island, Clay County, Florida
If an ex has a commission only job however they have been there over a year and has had a substantial increase in his pay, how can I get the child support increased when some months they don’t make anything and some months makes over $70,000?
According to the Florida statute below, child support is always modifiable as long as there is what is called a significant change in circumstances.
Florida Statutes 61.30(b) The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.
Your ex getting a substantial increase in pay may qualify as a significant change.
The modification process is usually quite simple since it is based on the Florida Statute guidelines and calculations are done based upon those guidelines. Many people worry that the accurate amount of child support will not get awarded due to the income of the other parent not being traceable. In your circumstances your ex’s income is traceable and you should not have any trouble getting it modified. Many people have jobs or own their own companies where their income varies month to month. When filling out the financial affidavit your ex should take an average monthly income based on a cumulative of a year overall.This way the average monthly income is a good representation of what the child support should be calculated from. So, whether he has a good month or bad month, the amount should be one which he can pay as long as he budgets his income correctly. Your ex’s increase in pay should benefit your daughter and allow you to do more for her financially.