You And Your Fight For Justice Come First

Help! Can my ex pay less child support because he had another baby?

On Behalf of | Sep 1, 2022 | Divorce

Rearing children is hard in these uncertain economic times. If you are like most parents receiving child support from your child(ren)’s other parent, you have those funds budgeted down to the last cent. 

These days, many single parents find that they have very little margin for error when it comes to their finances. So, when your former partner announces that they are having or already have another child with someone else, it is understandable that you are anxious.

What the Florida courts say about additional children and your support order

The good news is that the courts are on your side. While child support modifications can be filed and approved by the courts, the one pursuing the modifications typically must prove that:

  • There were substantial changes in the payer’s circumstances
  • Those changes are permanent
  • Relevant changes are involuntary

One can indeed argue that another baby is a permanent and substantial change in the life of your child’s other parent. However, Florida family law courts usually rule that the decision to create or bear a subsequent child is a voluntary decision that should not affect the court-ordered support of that parent’s existing child.

How it could still reduce your payments anyway

Your former partner’s attorney could delve further into your ex’s finances to try to substantiate their request for a child support modification. If they can indeed prove their case, your child’s stable present and future could be at risk. 

Knowledge is power

You can’t fight back without a good understanding of the Florida laws regarding child support, custody and the grounds for seeking modifications to court-ordered support. Avail yourself of legal resources to guide you when fighting back against proposed reductions in your child’s support funds.