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Failure to Exercise Visitation in Florida

March 27, 2025 by Matthew Lane
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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, conversely, the failure to spend time with a child mandates the forfeiture of the right to a reduction in child support.

The Legislature has specifically 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 modification is “retroactive to the date the noncustodial parent first failed to regularly exercise court-ordered or agreed visitation. Id.” Buhler v. Buhler

Protecting Your Financial Interests in Time-Sharing and Support Cases

When a parent fails to exercise their court-ordered visitation rights, the impact on child support calculations can be significant. Florida law recognizes this as a material change in circumstances, which opens the door for a modification in support obligations.

At Lane Law Firm, we help clients respond to these changes with a focused legal approach that prioritizes both financial security and parental involvement. If missed visitation is creating instability in your home, we’re here to help you seek a fair adjustment that reflects your current reality.

We focus on high-net-worth cases that often involve technical financial structures, including investment income, business ownership, and multi-property asset portfolios. These cases demand precise legal handling and a thorough understanding of Florida family law.

Matthew Lane brings over 35 years of legal experience to every case he handles. He uses his years of experience, knowledge, and trial background to secure the best possible outcome for our clients. We do not believe in shortcuts. For this reason, we offer personalized legal counsel that fits the needs of clients with more at stake financially.

Call Lane Law Firm for Aggressive Legal Support in High-Asset Family Law Disputes

If your co-parent is failing to uphold their visitation responsibilities, it could have a direct impact on your child support obligations and your child's well-being. Lane Law Firm strives to help clients take swift legal action in these situations. Our team works with individuals who need solid representation in high-conflict, high-asset family law matters.

Seeking to modify an existing support order or enforce time-sharing? We provide focused legal support from start to finish. Discover our strategic legal services that address the concerns of professionals, business owners, executives, and other high-net-worth individuals.

You need a team that knows how to protect substantial assets while supporting your rights as a parent.

Call us today at (561) 363-3400 to schedule a confidential consultation. Let’s build a legal plan that works for you and your family.

Client Reviews

I had an excellent experience with Mr. Lane. I went through a very difficult divorce and he was excellent. He was always available and always treated me like I was his most important client. I would and do recommend him to anyone who needs a lawyer specializing in divorce. - Dr. Mark F.
Matt Lane truly cares about his clients. He brings his extensive knowledge, years of experience, and meticulous attention to detail to every case. He fights for his clients in a strategic, thoughtful, and cost-effective manner. By the end of my case, we were not just attorney and client, we became and remain friends. - Jim B.
I hired Matthew Lane for a relocation (out of state) and time-sharing case. Mr. Lane went above and beyond my expectations. He knew exactly what needed to be done. Mr. Lane is extremely intelligent and I cannot imagine having someone else represent me… He is truly one of the best and works extremely hard. I am very happy I have Mr. Lane as my attorney. - Alisa H.