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The Law Firm of Anthony Diaz

The Law Firm of Anthony Diaz

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Child Custody and Support

How to Calculate and Modify Child Support: A Practical Guide for Parents

November 14, 2025 By Ronnie Marketing

Child support, in the eyes of the public, has generated myth, speculation, and a lot of misunderstanding. Some see it as something that is guaranteed to bankrupt them, others see it as a system that does not require paying parents to pay enough, and facing divorce, many parents are genuinely worried about what their child support payment might be.

Child Support is a Formula

The first thing to remember about child support is that it is a formula. That means that there is not a lot of argument about how much ends up being paid. So, why is there all the fighting over child support? It is because the formula is based on two things that parents or ex-spouses generally fight about: How much money each parent makes and how much time each parent will have with the children.

As the saying goes, “garbage in, garbage out,” which, here, means that if a parent’s income is inaccurate, underestimated, or overinflated, so too will the child support payment be an amount that parents are dissatisfied with.

Total Support for the Children

There is no shortage of law that says how a parent’s income is counted, and what part of income is counted for the purpose of child support, but the first thing to understand is how the formula itself works.

The first question to ask, when calculating child support, is how much total do the children need to maintain their basic needs? These numbers are provided in the Florida child support guidelines.

These guidelines total the income of both parents, and from that number, determine how much the child or children will need for their support. While some deviation is possible, this total number is set in the law and can be found here. As you may imagine, the total amount of support is more or less, depending on how much the parents’ combined incomes actually are.

Determining Income

That entails a determination of what the parents’ incomes are.  In cases where parents make a consistent, steady income, that may be quite straightforward. In other cases, where parents may be self-employed, have more sporadic incomes, or where job history is inconstant or unstable, that may be more difficult—this is often where parents allege the other is “hiding money.”

Even once you agree on how much each parent makes, not all income is counted—it is net, not gross income, that is used for child support purposes, and the law allows certain deductions to see what that net income figure is. 

Each Parent’s Share

Assuming there is some agreement on how much both parents earn, and thus, how much total support the children need, the formula then calculates how much of that total support number each parent should be made to pay. 

To do that, the formula takes into account the percentage of the total combined incomes that both parents earn. For example, if the guidelines say that a child should receive $1,000 per month, and each parent has equal income, each parent’s share is 50% or $500.

From there, the formula calculates the overnights that each parent has with the child. Parents will pay child support based on the percentage of overnights that they have the child. Of course, practically, both parents do not actually pay—only one will pay: the parent who, after the calculations, makes more money or else who has the child more overnights. The formula takes into account how much the nonpaying parent should contribute, and reduces the paying parent’s payment accordingly.

This is why many timesharing battles happen in divorces. Whereas normally the parents may be agreeable, and may even want the same timesharing schedule, sometimes a parent, knowing that more time with their children reduces their child support obligation, will seek more time with the children for that reason. It is also important to note that when it comes to timesharing, and how it raises or lowers your child support obligation, it is overnights that count—not time spent during the day.

Payments for things like health insurance, medical or dental expenses, medicines, or child care costs are also calculated, and parents may receive more support or have to pay less support than they normally would if they are already paying some of these expenses.

Deviating From the Number

Once you reach a final support number, the judge can deviate from the child support, but only by 5%, and parents cannot agree to have no child support paid. In fact, any agreement for child support must be approved by the judge. While parents can, of course, agree on child support at mediation or some other collaborative process, that decision is pending the judge’s approval.

If child support sounds complex, it is because it can be. That is why it is best to see a good child support attorney to get an estimate of your support obligations, instead of trying to figure it all out on your own.

Modifying Your Support

If you have young children, you can expect to pay or receive support for many years. During that time, life and your financial picture may change. Parents do have a right to modify child support, but that requires a showing that any change in financial circumstances is significant and permanent. The changed financial situation cannot be of your own making. In other words, you cannot voluntarily resign, or quit your job, or switch to a lower-paying job, just to get your child support lowered.

Many people make the mistake of, when facing dire financial problems, simply stopping or lowering support payments. But even if your financial situation should change legitimately and honestly and permanently, you still must get a court order agreeing to modify or lower child support; you cannot just decide on your own to do it. 

Contact us for help and to get information on what you can expect in your divorce case, or with your child support obligations. 

And if you found this article helpful, please leave us a review HERE.  

Filed Under: Child Custody and Support, Divorce and Children Tagged With: child custody, child support, Children, Divorce, parenting time

Child Support Essentials: Understanding Your Rights and Responsibilities

October 2, 2025 By Anthony Diaz

There is an inherent irony in the public perception of child support.

On the one hand, payors (those who have to pay child support to the other parent) sometimes loathe paying child support. Many may see it as a sort of tax, or as “hidden alimony,” or even worse, a way for the other parent to pull money out of the payor parent.

On the other hand, nobody would argue with the fact that children need and deserve to be financially supported by both parents, that raising children is not an inexpensive thing to do, and most parents generally have a desire to support their kids. In fact, words like “deadbeat” and “irresponsible” are often thrown around at those who do not pay what is seen as a fair share of support.

Much of the (more extreme) beliefs on both sides comes from a fundamental misunderstanding about child support, and about the rights and responsibilities of both parents.

Your Responsibility to Manage the Money

Child Expenses

While it may be hard to grasp, given that the child support money is being paid to the other parent, child support is not actually a payment to the other parent, even if it physically goes to him or her—it’s money for the children. 

Think of the parent receiving the child support as a trustee—someone who receives child support, but who distributes and manages it, to offset the expenses related to raising or housing the children.

The Right to Know How the Support Money is Being Used

If you’re the payor parent, you cannot use how child support is being used or not used by the receiving parent as an excuse to not pay the ordered child support amount.

Admittedly, there is no oversight mechanism—nobody audits how the receiving parent uses child support, or verifies that every dollar of child support is used towards the children’s expenses. The receiving parent has no responsibility to show anybody how the support dollars were used. 

The law just assumes that any parent who has the majority of timesharing with the children will have expenses related to those children, and assumes that the child support money, directly or indirectly, is going to help pay for or offset expenses related to the children.

The Right to See the Children 

Many parents believe that if the other parent does not abide by the time-sharing obligations, as set forth in a judgment or mediated time-sharing settlement agreement or in a parenting plan, they do not have to pay child support.

This is not true; child support is not a weapon that can be withheld to coerce the other parent into giving you time-sharing. If you do feel the other parent is depriving you of court-ordered or agreed-upon time-sharing, you can go to court to enforce your right to see the children—but you cannot just unilaterally withhold child support, or use it as punishment to get back at a parent who is preventing you from seeing the children.

The Right to Adequate Child Support

Many parents, when they think of child support, think of how much the children cost or how much the receiving parent will or does need to house, clothe, feed, and take care of the children.

But that’s only part of the equation. Often, children may need more than parents can financially give. That’s why child support is based on a legal formula. Essentially, the Florida legislature has already determined how much in total support children may need. That amount varies based on the combined income of the parents.

There is room for extra payments outside of the base child support—for example, having a parent pay for half, or even all, of medical expenses, or extra curricular activities, tutoring, or counseling, just to name some categories.

So, while you may be the parent with a right to receive child support from the other parent, the amount of that payment is largely predetermined, and based on both parents’ income, as much as it is based on how much your particular children need in your particular lifestyle.

You Have the Right to Agree on the Support Amount (Within Reason)

In divorce cases, you and the other spouse have a right to agree on almost anything that you want to agree on—one benefit of going to a mediation conference or using a collaborative divorce process.

However, when it comes to child support, although you and the other parent can agree on a lower or higher amount, ultimately, it is the judge’s decision to approve the child support. Many judges may be wary of approving agreements that short-charge the children, with a child support obligation that’s less than what the child support formula says it should be.

The Right to Support, Even if You are Not Married

Child support cares about who the biological parents of the children are—it does not care about marriage. 

That means that even if you were never married to the other parent, you can still receive child support.These are called paternity actions. In some cases, the father may admit paternity, and the only issues are child support and time-sharing. In other cases, the father may dispute that he is the parent, and that must be determined before child support and time-sharing are determined by the court.

The Right to Modification of Support

If circumstances change over time, you may have the right to alter your child support payment amount.

Often, a parent may make much more, or much less, money than he or she did when the original obligation was set or agreed to. Or a parent’s lifestyle or life circumstances may change. 

Parents can ask a court to alter their child support modification—but do not just start paying more, or less (or nothing at all) on your own. Even if a modification is warranted, you still need a court’s permission to change the support amount.

His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32940

Contact us for help and to get information on what you can expect in your divorce or paternity case. 

And if you found this article helpful, please leave us a review HERE.  

Filed Under: Child Custody and Support Tagged With: child custody, child support, Children, Divorce

Divorce and Making a Smooth Back-to-School Transition

September 16, 2025 By Anthony Diaz

Going back to school after a divorce is stressful for both parents and kids, but preparation, communication, and consistency help. It is important to plan for new school year by reintroducing routines even before school starts, making the most of your summer parenting time, keeping schools informed if needed, and having consistent schedules across households. Remember this transition is hardest for your children.

Back to School and Co-parenting

The shift from summer break to going back to school is tough for any family, but when parents are in the middle of a divorce, or adjusting after one, it can feel even more difficult. With kids bouncing between households, new schedules to manage, and emotions running high, creating a smooth transition is key. Here are some strategies to help make back-to-school easier for both children and parents going through divorce:

Start Preparing Before School Begins

Summer often means late nights, fun routines, and relaxed schedules. A sudden shift back into school mode can be jarring, especially for children that are splitting time between two homes. A helpful approach is to begin reintroducing the idea of school at least a week before classes start. This can include shopping for supplies, attending school orientations, and resetting bedtime routines.

If one parent has most of the school-year parenting time, it may make sense for the child to spend that final week before school with them. This helps children settle into the household where they will spend most school nights, making the transition smoother.

Make the Most of Your Summer Parenting Time

For parents who don’t have majority time during the school year, summer is a valuable opportunity. It often comes with more parenting time and less rigid schedules. Use this period to build memories and connection, so when the school year begins and schedules tighten, you will feel you made the most of your time together.

Communicating with the School When Necessary

Should the school know about your divorce? It depends. In many cases, schools don’t need detailed information. However, giving your child’s teacher or school counselor a heads-up can be helpful. They may notice changes in behavior at school that you don’t see at home. More importantly, if there are issues such as changes in pickup and drop-off rights or safety concerns, the school should be informed right away.

Try to Have Consistent Routines in Both Homes

Consistency is one of the best ways to support kids during times of change. Children thrive when they know what to expect, whether it’s bedtimes, homework schedules, or school-day morning rituals. Divorce already disrupts stability, so keeping routines as steady as possible will help your kids feel secure.

Shared parenting apps such as Our Family Wizard or Talking Parents can help manage schedules and reduce miscommunication. For kids, something as simple as a shared paper calendar in both homes can also make a big difference, they can check it themselves and know where they will be on any given day.

Remember Back to School is Harder on the Kids

While parents will feel the strain of adjusting to new schedules, it is important to remember that your children feel the impact even more deeply. They are shifting households, finding new routines, and dealing with the emotional weight of your separation. By keeping this perspective, you can approach transitions with empathy and patience, making the back-to-school season less stressful for everyone.

His offices are located at 2431 Aloma Ave. #124, Winter Park, FL. 32792 and 3270 Suntree Blvd. Suite 103G, Melbourne, FL. 32940

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

And if you found this article helpful, please leave us a review HERE.  

Filed Under: Child Custody and Support, Co-Parenting

Collaborative Divorce: Resolving Marital Disputes Without the Courtroom Drama

February 14, 2025 By Anthony Diaz

When we think of divorce cases, we tend to see them as black and white. On the one hand, you can go to court, litigate, and engage in a long, bitter divorce fight. On the other hand, you can just agree on everything and have a simple, uncontested divorce.

What About Collaborative Divorce?

Collaborating Together

But the reality is that there is actually a third category for resolving divorce cases: collaborative divorce.

Think of collaborative divorce as a hybrid between extended bitter in-court fighting and simply agreeing on everything from the outset.

On the one hand, there may be real disagreements between the parties, and they may not even necessarily get along. But they may also want to avoid the drawbacks of long, draining, and expensive in-court litigation. That’s where collaborative divorce comes in.

Much like alternative dispute resolution, such as mediation, collaborative divorce happens outside of a court. In fact, collaborative divorce requires that no divorce cases have actually been filed. If a divorce case is pending and the parties want to try a collaborative divorce, they must agree to stay or pause the case during the collaborative process.

Collaboration also requires that the parties agree that they will not file any divorce case while the issues in the case are trying to be resolved collaboratively.

Getting Representation for Collaborative Divorce

Both parties can be represented by an attorney, just as they would in court. The attorney you select cannot just be a family law attorney but must be specifically trained in collaborative divorce. Be aware that if an attorney represents you for the collaborative divorce, and the issues are not resolved, that attorney cannot then later represent you in any future divorce case that may be filed. You would have to find and retain a new attorney.

Your attorney is your attorney and is acting on your behalf during the collaborative process. But unlike contested divorce litigation, the goal for the attorneys on both sides isn’t to “win the case,” but rather to work together to find an amicable and agreeable solution that works for all sides. At meetings, each side’s attorney may even speak to the other spouse to get an idea of what he or she wants in the divorce and why.

Just as in mediation, the attorneys for both sides will try to agree on a neutral—a middle person who will help both parties work through the issues and negotiate.

Trying to Get to an Agreement

Both parties must sign an agreement indicating their agreement to participate. The agreement also obligates both parties to honesty, full disclosure of information, and keeping the matters in the collaboration confidential. Confidentiality can be a major benefit—the details of your divorce, while normally public as a publicly filed case in court, are now largely shielded from the public eye.

The parties will then meet to work out the issues. Often, this takes many meetings, but the good thing is that unlike court hearings, which often happen when the judge or your attorney can schedule them, collaborative divorce sessions can often be scheduled around your work or life schedule, adding to the convenience of collaborative divorces.

Other professionals may need to get involved if necessary. For example, if there are tax, immigration, or estate planning issues, complex financial assets, or even mental health professionals who may be needed, these outside experts can be hired to help.

If successful, the collaborative divorce results in the signing of a marital settlement agreement, a parenting plan if there are children, and whatever other documents are needed to facilitate the agreement reached between the parties. After that, one of the attorneys will notify the court that the parties have resolved all issues, and the court will enter the final dissolution of the marriage.

Cost and Time

In most cases, the entire process lasts for less than a year, although that may be much shorter if there are fewer issues involved. You can move as quickly or as slowly as you want, and you are not being rushed to any deposition hearings or trials the way you would in divorce litigation.

Almost every study of collaborative divorces has found that the average cost to the parties is significantly less than that of full-blown contested litigation.

Why the Process Works

Collaborative divorce works because it balances two prevailing interests that almost all divorcing spouses have.

On the one hand, divorcing spouses have real conflicts—even if they aren’t hostile or angry, there are almost always disputes about alimony, time-sharing, or division of property. Parties cannot afford to just “give in” to the other spouse just to avoid litigation.

On the other hand, family law litigation can be expensive and time-consuming. It also puts the decision-making power into the hands of a judge, taking it out of the hands of the parties. Parties would like to work things out easily and stress-free.

In many cases, parties to a divorce may want things that a divorce judge simply is not allowed to grant. For example, a spouse may want the other spouse to sign a confidentiality agreement, modify a will or a trust, allow grandparents rights with a child, or agree to terminate alimony at the occurrence of a given event.

Family court judges cannot grant these kinds of things, legally. But you and your spouse can, if you agree, and collaborative divorce gives you the chance to negotiate other things in your divorce that you couldn’t otherwise get with a judge making the decisions in your case.

Because collaborative divorce has elements of cooperation, honesty, and mutual benefit, the relationship between the divorcing parties may also be much better post-divorce than it otherwise might be.

Collaborative divorce works best when the parties are able to communicate and where there is no history of violence or abuse. It helps if the parties have a “give and take” mentality, whereby they are willing to bend a little to get a little in return for the issues in the divorce.

Is collaborative divorce right for you? Come learn more about it.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792
and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

And if you found this article helpful, please leave us a review HERE.

Filed Under: Asset Division, Child Custody and Support, Collaborative Divorce, Divorce Tagged With: Collaborative Divorce Process, Divorce

The Impact of Divorce on Children: Nurturing Emotional Well-Being

November 8, 2024 By Anthony Diaz

If you are getting divorced and there are children in the marriage, you probably already know that the divorce will have an impact on the children’s lives and well-being. That is not to say they will forever struggle; plenty of children can and do thrive after divorce. But the fact remains that when there are children involved, both divorcing parents need to give some thought to how any divorce will affect the children’s lives.

Every Case is Different

It would be nice to just say how exactly divorce will affect all children. But that is impossible because of the variables involved in divorcing with children. Factors that may play into how children adapt to and cope with divorcing children can include:

Impact of Divorce on Children
  • The age and maturity of the children
  • The extent to which the parents are hostile or fighting with each other, either before the divorce or during the actual divorce process
  • The children’s own mental health or pre-existing mental conditions
  • How the children were doing in their lives, even before the divorce
  • The extent of upheaval in the children’s lives, post-divorce

Communication is Key

You do not want the divorce to come as a surprise out of the blue. Certainly, many older kids can look at or observe their parents and just tell that divorce is imminent. Younger kids may not have this capability. Either way, discussion is key.

One of the best things a parent can do is discuss with children about divorce, what you and your spouse will be going through, and how it will affect the kids. Unfortunately, many older kids know about divorce from movies and TV—not the best model of what kids can expect in the real world.

Putting Children in the Middle

Hopefully, you already know that you should never pit children against parents or have them make choices. Even seemingly “neutral” choices, like, “Would you rather go to school near mom or near dad,” or “Mommy will stay near your friends, but dad may be farther away,” or “Who would you rather take you to school in the mornings” can have the effect of making a child have to choose between one parent or the other. That can cause anxiety and stress.

How to Approach Divorce

What to say to the children when divorce is looming largely depends on their ages and maturity.

A younger child may need to be told that mommy and daddy still love them—this may be a concern for a younger child. An older child may be aware of this but may have more practical concerns, like whether he will still be able to stay in his school, whether he will be caught between mom and dad fighting, or whether he will still be able to play sports.

Signs of Distress

Once the divorce is underway, the challenge becomes recognizing signs of maladaptation, stress, and trauma. That is not always easy to spot—especially in pre-teens and teenagers, who may not be so open about their feelings.

Look for changes (mostly negative ones) in the child’s life. For example, if grades tend to fall, or if there is less time spent with friends or on extracurricular activities that kids used to enjoy. Any signs of being uncooperative or withdrawing from activities or social engagements are signs that the child may be having a difficult time coping.

Younger children may have more confusing signs, such as appearing to be ill, crying more, or being hostile or belligerent. The child may be more emotionally fragile—he or she may cry more often or get angry quicker or frustrated more easily. The child may say that these changes are for a non-divorce related reason, but in reality, the stress, fear, and anxiety over the divorce are the real cause of these otherwise unexplained behavioral changes.

Hearing or knowing that parents are fighting in the divorce over children’s issues, like time-sharing, custody, or support, can lead to feelings of guilt. Children may feel like they are the cause of the divorce. Parents should make sure that children know that they haven’t done anything wrong to cause the divorce.

Long Term Challenges

Then there are the long-term challenges that children of divorce face, many of which won’t be obvious right away but which divorced parents need to be aware of as they raise their children post-divorce.

Research has shown that divorced children are more likely to engage in destructive and even criminal behaviors. They also may lose the ability to have healthy interpersonal relationships. They may be more susceptible to illnesses, and some say stress, trauma, and lack of sleep due to anxiety may be contributing factors to the increased rate of illness.

Mitigating the Negative Impacts

While there is no one-size-fits-all cure to avoid the negative impact of divorce on kids, there are things that parents can do to make life easier for their children. The obvious two are to avoid fighting (and the kids’ exposure to parental fighting or disparagement of the other parent), and to communicate with kids to answer their questions and concerns.

Beyond that, many suggest that parents maintain the routines in the children’s lives and keep the kids’ pre-divorce life intact as much as possible. Once a post-divorce schedule is established, try to maintain the routine—while a haphazard, “play it by ear” time-sharing schedule may seem easier for some parents, it is not good for kids, who do better knowing where they will be and when.

You, too, can set an example by protecting kids from your emotions—where possible, they should not see you cry, lash out in anger, or have other displays of drastic emotion.

Professional mental health counselors can be of assistance as well, and parents should seek out help when necessary. Parents should also tell teachers, schools, coaches, or others about the divorce so that they are more tolerant and understanding of the emotional changes that the child is experiencing.

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792
and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email An*****@************aw.com or visit www.AnthonyDiazLaw.com.

And if you found this article helpful, please leave us a review HERE.

Filed Under: Child Custody and Support, Divorce and Children Tagged With: child custody, Children, parenting time

Modifying Child Support and Custody Orders: What You Need to Know

October 10, 2024 By Anthony Diaz

There is an inherent contradiction when making decisions about time sharing and child support.

On the one hand, there needs to be stability—settlements and judgments need to be relied upon, and the parties (the parents) need to know what their rights, duties, and obligations will be going forward.

Child Support

Stability also helps the child; a child who gets used to one schedule should not have to suddenly adapt to a new one or move just because parents change their minds.

This means that judgments or settlements for child support and custody need to be final and determined and should be difficult to ever modify.

But on the other hand, life is uncertain. When you make decisions on time sharing and support when the children are little, you never know what curve balls life will throw at you later on. That means that decisions about time sharing cannot be absolutely permanent, as they need to account for changed circumstances in the parent’s life.

Agreeing to Modifications

Before getting into the details of how time sharing or support are modified, remember that parents can always agree to a modification. If they do both agree, the agreement should be put in writing and then given to an attorney to file with the court so that there is a record of the new agreement or altered terms.

Unforeseen Changes

The law has stuck somewhat of a balance when it comes to modifying time sharing and support.

The first requirement when modifying time sharing of a child, or child support, is showing that there has been a change of circumstances that was unforeseen at the time of the entry of the original settlement agreement or divorce case.

So, for example, imagine that dad works on commission and sometimes makes more and sometimes makes less money at work. The fact that dad has two or three “down years” financially would not justify modifying child support. It was known all along that dad’s income varied, and the parties knew that income could go up or down erratically.

Note that in 2023, the requirement that a changed circumstance be unforeseen or unanticipated was removed from the text of the law. However, in reality, many family law judges will still look at the circumstances and deny parents seeking modification if the modification is based on factors that were known to the parents at the time the original judgment or settlement was entered into.

Substantial and Permanent

Any change in circumstance must also be substantial. This means two things: that the change is not a temporary change, but rather, is permanent, and that the change is actually material—that is, enough of a change to warrant a modification.

For example, if mom needs dad to watch the kids a bit more for two months so she can get job training, that may not be a permanent change—it is expected to conclude in two months, at which time the parties can resume their normal schedule.

There is no hard line time limit for how long changed circumstances need to exist to be considered truly permanent. That is evaluated on a case-by-case basis.

Many parents who fall on hard financial times seek to modify their child support, but unless it is proven that the decreased earnings are permanent, they will not justify a downward modification of support. This can avoid a situation where a parent temporarily under-employs him or herself, to make it look like he or she is earning less money in order to try to pay less child support.

Best Interest of the Child

Any modification must also be in the best interest of the child. The court will look at the same factors that were used to make the initial determination of time sharing.

Stability for the child is of paramount concern for the court, and it will not enter a modification if the court feels that the modification will upset the child’s life or take the child away from his or her friends, hobbies, school, or other elements of the child’s life.

There are times when a court can enter a modification in the absence of any of these factors, but that is usually when there is violence or some event that immediately threatens the child’s physical or emotional well-being.

Noncompliance with an Existing Judgment or Agreement

It is unfortunately common that a parent does not exercise the visitation or time-sharing that he or she is supposed to have. This can lead to the other (complaint) parent wanting to modify time sharing.

But the failure to abide by a time-sharing agreement or judgment, by itself, will not justify a modification. The party that is in compliance would have to bring a motion for contempt or another motion to compel compliance with the agreement or judgment against the other parent.

Relocation as Justification

If a parent was located more than 50 miles away when the original judgment or settlement was entered into, and that parent now moves closer to the child (within 50 miles), that will automatically warrant a changed circumstance, allowing a court to modify a time sharing arrangement, even in the absence of any other evidence.

Likewise, although not specifically written into the statute, most courts will also assume that a parent moving away further than 50 miles from the other parent would constitute a substantial, permanent, and material change in circumstances.

You Need a Court Order

Remember that to change a parenting plan or to change custody obligations, you need a court order. That means that you can’t just stop paying, deny visitation, or alter visitation schedules on your own.

If you feel there is an emergency, you can file an emergency motion to modify. However, outside of that, even if you were to win your petition to modify child support, the court would still force you to pay 100% of what your previous child support obligation was before the modification was entered.

That means that parties seeing a modification should comply with whatever orders or agreements are in place while waiting for the resolution of their modification case.

Need to change the terms of your visitation, custody time sharing, child support agreement, or judgment? Is the other parent threatening to alter your time-sharing or child support agreements or judgments?

Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124,
Winter Park, FL 32792
and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.

You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.

If you find this article helpful, please leave us a review HERE.

Filed Under: Child Custody and Support, Divorce, Divorce and Children Tagged With: child custody, child support, Children, parenting time

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  • How to Calculate and Modify Child Support: A Practical Guide for Parents
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  • Child Support Essentials: Understanding Your Rights and Responsibilities
  • Divorce and Making a Smooth Back-to-School Transition
  • Understanding the Dissolution of Marriage Process: Key Insights for a Smooth Transition

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The Law Firm of Anthony J. Diaz
2431 Aloma Ave Suite #124,
Winter Park, FL 32792
(407) 204-9069

3270 Suntree Blvd,
Suite #103G,
Melbourne, FL 32940
O: (321) 209-7185
F: (407) 374-3982

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