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Child Support Modification – Florida Rulings Archives

Date on Which the Child Support Award Modification Takes Place inFlorida

Child Support Award Modification - Date on Which the Modification Takes Place in Florida

When the court makes an allocated award for each child, the modification is retroactive to the date the child reaches majority, and pre-dates the filing of the modification petition. "Furthermore, when the issue is arrearages, the obligor is entitled to a retroactive reduction pre-dating a modification petition, consistent with the statutory child support guidelines. See, e.g., State, Dep't of Revenue ex rel Ortega v. Ortega, 948 So. 2d 855,857 (Fla. 3d DCA 2007) (explaining that, in the McClung decision, the court was 'careful to distinguish those authorities that refused to retroactively modify an unallocated support award from the case then before us involving what we determined to be an allocated award...'). Gilbert v. Cole. 

Failure to Exercise Visitation in Florida

Failure to exercise time-sharing results in an adjustment of child support. "We previously held that application of section 61.30(11(b) is mandatory. Seiberlich v. Wolf, 859 So. 2d 570, 571 (Fla. 5th DCA 2003). Florida law mandates a reduction in child support whenever the non-custodial parent spends a "substantial amount of time" with the child. § 61.3O(1)(a), Fla. Stat. (2006). It seems intuitive that, con versely, the failure to spend time with a child mandates forfeiture of the right to a reduction in child support. The Legislature has specifi cally provided that a parent's failure to exercise court-ordered or agreed-upon time-sharing, not caused by the other parent, resulting in the adjustment of child support "shall be deemed a substantial change of circumstances...." § 61.30(11)(c), Fla. Stat. (2001). That modifi cation is "retroactive to the date the noncustodial parent first failed to regularly exercise court-ordered or agreed visitation. Id." Buhler v. Buhler

Modification During Pendency of Appeal in Florida

Trial Court has jurisdiction over a petition for modification during the pendency of an appeal. "Both the Third and Fourth Districts have held that the trial court has jurisdiction over a petition for prospective downward modification of alimony and/or child support even while the appeal of an initial award of alimony and child support is pending because "'[t]he granting of modification relief prospectively would have no effect on the order being appealed.'" Atlas v. Atlas, 708 So. 2d 296, 298 (Fla. 4th DCA 1998) (quoting Merian v. Merhige, 690 So. 2d 678, 681 (Fla. 3d DCA 1997) ) (emphasis added)." Cooper v. Cooper

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