Day: June 18, 2020

Can Child Support Be Modified?

Can Child Support Be Modified?

 

Under Florida law, child support is always subject to modification—in fact, it cannot be designated as “nonmodifiable.”  This includes child support ordered from a previous divorce, a paternity action or a support order established by the Florida Department of Revenue.

 

If there is a prior order in place, a parent, or in some instances the Department of Revenue, may file for a modification if there is a substantial change in circumstances. A change in circumstances can result from many things, but to modify child support the change must be “sufficient, material, involuntary and permanent in nature” and significantly impact the support obligation.

The most common reason for a parent to seek a modification of child support—temporarily or permanently—is an income change. For example, a realtor who is a child-support payor could experience a change in circumstances that is sufficient to support a reduction of his or her child support obligation for these reasons:

  • There is a substantial, involuntary and permanent decrease in income due to a slump in the real estate market that was outside of his or her control.
  • The future of the real estate market and the payor’s economic recovery are unlikely or even unknown.

A parent suffering an injury that impacts the parent’s ability to work, but from which he or she is expected to recover, would likely entitle the injured parent to a temporary modification or suspension of the child support obligation during the time reasonable necessary for the parent to reestablish himself or herself.  Likewise, a temporary job loss as a result of COVID-19 may result in a temporary modification or suspension of the child support obligation.

Under Florida law, a difference of only $50 or 15 percent—whichever is greater—from the previously ordered obligation can be deemed by a court to be sufficient to support a modification of child support.

 

Permanency is a change that is not temporary and is in place for an extended period of time. Although a permanent change in economic circumstances is generally required for a downward modification, a temporary change may result in an adjustment, even if it is for a limited amount of time.  A loss in income, such as from a strike or a recent loss of employment, when recovery of the prior level of income is expected, is not likely to warrant a permanent modification, but it may support a temporary modification or suspension of the child support obligation.

 

An income increase may also be the basis for a modification, but an income increase alone will not always result in a modification.

Generally, the child support obligation should be proportionate to the parents’ earnings. However, the court is required to consider the parents’ entire financial circumstances. For example, if one parent’s income has increased significantly since the order, but that parent’s expenses have also increased as a result of a remarriage that produced additional children, it may not result in an increase of the child-support obligation. In this example, the …

4 Reasons To Invest In Professional Services Of Toronto criminal defense lawyer

You can handle certain legal matters on your own like undue fines, court matters, other types of fines, etc. There are some of the issues for which you have to consult the Toronto criminal defense lawyer having the required experience. You can reduce your troubles by hiring the services of the best criminal law firm in Toronto and get rid of the criminal charges.

Here are 4 of the best reasons for turning to the best lawyer:

  1. Know the exact legal procedure: There is a mountain of court documentation, legal paperwork, and deadlines that are to be followed while the legal case is taking place with the court. You will get exhausted completing the whole matter accurately and will also consume more time. It is better to hire the services of a criminal law firm to reduce the stress in all the stuff related to the court case. The lawyer who takes up the criminal case knows it very well which document would be required for the court case each day. They are aware of filing a plea bargain correctly and the need for the same. In this way, you can easily save your time and energy with the correct legal procedure.

 

  1. Understanding of the law: It is an in-depth knowledge of criminal law due to which the criminal lawyer can handle the case easily. You might not have adequate information about the sections and sub-sections of the law and might not be in a position to learn the whole act before the court proceedings. The lawyers have studied the law thoroughly and even had the training for practicing law. It is their years of practice which makes them experts in understanding the matter and taking the right steps for the same. Even, the modifications are updated which is beneficial in fighting the case.

 

  1. Worth investing: Once you hire the services of the best criminal lawyer, you would be able to have each thing in perfect order. They would keep track of the court hearings, deadlines, submissions, etc. and represent you in the court. If you miss out on any deadline, you would have to pay fine for it. You can have the assurance that your investment is worth the services of the expert. If you think that you would be able to save your money by completing it on your own, you are wrong. You might end up spending more by missing out on an important date.

 

  1. Lowered penalties: The defence lawyer would help you in getting the penalties lowered with their attempts. It becomes the best choice in certain cases to have a settlement with the other side. You can get this benefit from an experienced lawyer who can guide you through the whole process. His understanding related to plea bargain is necessary at this point. You can get a diversion or alternative sentence with the help of an aggressive attorney. He would investigate and act accordingly. He would even explain you each and everything to negotiate on
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