Child support is a legal obligation that is imposed upon a non-custodial parent to support their child financially after a legal separation or divorce. In Florida, child support is calculated based on the Income Shares Model, which takes into account the income of both parents, the number of children, and certain other expenses. At times, a parent may be unable to make child support payments for various reasons, such as financial hardship or unemployment. If this happens to you, you may be asking yourself, “Can my child support payments be waived?

What If a Personal Financial Hardship Affects My Child Support Payments?

One of the most common reasons a parent may seek to waive child support payments is financial hardship. In Florida, parents may be able to modify or waive child support payments if they can demonstrate a substantial change in circumstances that makes it difficult or impossible to meet their child support obligations. The court will consider various factors, such as income, expenses, and assets, to determine whether a modification or waiver is appropriate.

A parent seeking a modification or waiver must file a petition with the court and provide evidence of the changed circumstances. It’s important to note the parent can’t simply stop making child support payments without a court order. Failure to pay child support can result in serious consequences, such as wage garnishment, suspension of driver’s license, and even imprisonment.

Do I Have to Pay Child Support if I’m Unemployed in Florida?

Another common reason a parent may seek to waive child support payments is unemployment. In Florida, parents who become unemployed or experience a significant decrease in income may be able to modify their child support payments. However, the parent must show the change in income is not temporary and is expected to last for an extended period.

If this is the circumstance, the court will consider various factors when determining whether to modify child support payments due to unemployment, such as the reason for the unemployment, the length of time the parent has been unemployed, and the parent’s efforts to find new employment. The court may also consider whether the parent is receiving unemployment benefits or other forms of income.

How Does a Child’s Best Interest Factor into Child Support Being Waived?

The court’s primary concern in child support cases is the best interests of the child. Even if a parent is experiencing financial hardship or unemployment, the court will not waive child support payments unless it is in the best interests of the child. The court may consider factors such as the child’s needs, the financial resources of both parents, and the standard of living the child would have enjoyed if the parents were still together.

The court may also consider whether the parent seeking a waiver or modification of child support is making a good faith effort to support their child. For example, if the parent has voluntarily quit their job or is deliberately underemployed, the court may be less likely to grant a waiver or modification.

Seek Legal Guidance for Modifying or Waiving Child Support in Florida

Child support payments cannot be waived in Florida unless the parent seeking the waiver or modification can demonstrate a substantial change in circumstances that makes it difficult or impossible to meet their child support obligations.

The court will consider various factors, such as financial hardship or unemployment, but the primary concern is always the best interests of the child.

Parents who are experiencing financial difficulties or unemployment should consult with an experienced child custody attorney to determine their options for modifying or waiving child support payments.