Pro Football Player Learns About Child Support Modifications
Whenever there is a divorce involving children, a child support order usually comes along with it. Some people believe that the amount of child support they’ll have to pay won’t change over time. This is not the case. It is possible for the amount of child support ordered by the court to go up or down depending on circumstances.
Changing a child support order requires one of the two parents to go before the court and formally request a review of the arrangement. The court will grant a review in one of two cases:
- At least three years has passed since the last review.
A substantial change in circumstances that requires an immediate review.
Examples of circumstances that might require a child support review include the gain or loss of employment, sudden disability, or sudden medical expenses. Here’s an example of one regarding employment and a pro football player. Janoris Jenkins recently signed a new five-year contract with the Giants worth tens of millions of dollars.
In response, two women in Florida who have children by Jenkins filed petitions with the court to change their child support arrangements. Jenkins has filed a counter-petition saying that his economic situation hasn’t changed substantially since the original court orders were issued. The women are also asking for additional benefits, such as payments for private school. The case is still pending.
Child Support Payment Amounts
Changes to child support payment amounts are common as a child gets older. Besides the facts of inflation, the amount of money necessary to take care of a child changes over time. Sometimes it’s sudden, as in the case of an injury. That’s why the courts allow adjustment so that the child has the right amount of support they need over time.
The courts also want to keep the payments fair according to the law. Florida uses a very complicated formula to determine the exact amount of child support someone has to pay. If the petitioners can show that the variables that go into that formula, such as adjusted gross income, have changed enough to merit a recalculation, the court will do so.
It is important to know that this is not a fast process. Child support changes can take six months or longer to make their way from the initial petition to the first changed check. Child support changes cannot be started when there’s less that six months left in the ordered payment period for this reason.
Having a Miami family law attorney on your side to draw up the petition and state your case to the court is a huge help. If it is done incorrectly, you may have a very long wait before you can try again. Gustavo E. Frances can review the facts of your case and give you a reasonable estimate of your chances of success based on his years of experience in the Florida courts. For more information or to set up a free consultation, call today or use the contact form.