The courts understand that changes after a support order is entered could impact payments. In Florida, you can seek to reduce your child support payments after losing your job. However, it requires a court-approved modification.

Simply losing a job does not automatically reduce your obligation. This blog discusses what you need to know about requesting a reduction in child support payments after losing a job in Orlando and throughout Florida.

Types of Modification

Florida law provides two main avenues for modifying child support: a simplified modification process for minor adjustments and a formal petition for more significant changes because of job loss. 

Understanding which type of modification applies is crucial for navigating the legal process.

Simplified Modification Process

Simplified modification is ‌available for minor adjustments to child support where both parents agree. This process is less formal and typically involves submitting an agreed-upon order to the court for approval, often without the need for a hearing. 

This avenue is usually applicable when the change is clear-cut and not highly contested, such as a slight income adjustment that still meets the material change threshold.

Formal Petition Process

Formal petitions may be necessary for more substantial changes, particularly those stemming from job loss, a substantial decrease in income, or other material changes in circumstances that would drastically alter the child support amount.

This process ‌typically requires a full court hearing where both parents present their cases, supported by evidence and documentation, such as termination letters and evidence of unemployment benefits. The court will evaluate the evidence to determine if a material change in circumstances has occurred and will recalculate child child support guidelines.

The court can grant either temporary relief or a permanent modification. The length of a temporary order depends on the particular circumstances.

Considerations for Modifying Child Support in Florida

Typically, a person can qualify for a review if they can prove a large enough change in their life, such as unemployment. Before you ask the court to reduce your child support payments because of unemployment, it is important to understand child support modification in Florida.

Material Change in Circumstances

Florida law requires you to prove a material change in circumstances has occurred. A material change is defined as circumstances that would cause a change to the support amount of at least 15% but not less than $50. 

This amount is applied if it has been less than three years since the support order was entered. If it has been more than three years since the order was entered, or the amount has been changed or reviewed, the circumstances must cause a change of at least 10% but not less than $25.

Assessment of Job Loss Factors

The court examines whether the job loss was voluntary or involuntary. If you quit without good cause, the court may deny the modification and impute income based on your prior earnings. Likewise, if you are fired for reasons within your control, the court may deny a modification of child support.

Good-Faith Efforts to Find Employment

Courts expect you to actively seek new employment. Failure to make a good-faith effort to find work can result in denial of modification.

Imputation of Income

If the court determines you are voluntarily unemployed or underemployed, it can impute income. When this occurs, the court calculates child support based on what you are capable of earning, not what you actually earn.

Unemployment Benefits

Florida allows garnishment of unemployment compensation (up to 40%) toward child support obligations. You will not be required to pay more than you owe in child support.

Administrative Support Orders

If the Florida Department of Revenue issued an administrative order or has ever been involved with your case, you may be required to file the request with them instead of the court.

Steps to Take to Reduce Child Support

If you lose your job in Florida, you can ask for a reduction by:

  • Filing a supplemental petition to modify child support with the family court and serving the petition on the other parent.
  • Gathering documentation, including your termination notice, unemployment benefits statements, bank statements, and proof of job search efforts.
  • Attending the court hearing to explain your financial situation and show evidence of your active job search.

Note that reducing or stopping payments without court permission can lead to arrears and enforcement actions, such as wage garnishment or license suspension. The court does not retroactively reduce child support. It is important to contact an Orlando family law lawyer as soon as possible after losing your job.

Contact the Law Office of Paulette Hamilton Divorce Lawyers for a Free Case Evaluation With Our Orlando Child Support Attorneys

Child support modifications can help you lower your support obligations when you experience a change in income. For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a free consultation with our experienced Orlando child support lawyers.

Law Office Of Paulette Hamilton Divorce Lawyers – Orlando
189 S Orange Ave #1400,
Orlando, FL 32801

(407) 420-2311

Our firm is located near you. Find us with our GeoCoordinates: 28.541203902225458, -81.37882117301345

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About the Author

Paulette Hamilton - 189 S. Orange Avenue Suite 1400, Orlando, FL 32801

Paulette F. Hamilton is the owner and managing attorney at the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, Florida. She focuses exclusively on family law, handling complex matters involving divorce, child custody, child support, alimony, and property division. Known for her personalized, client-first approach, Paulette takes the time to understand each client’s unique goals and challenges—delivering thoughtful guidance and strong advocacy when it matters most.

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