VERIFIED SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT
(Florida Family Law – Fla. Stat. §§ 61.14, 61.30)
[// GUIDANCE: This template is designed for use in Florida Circuit Court Family Divisions. It should be reviewed and customized by a licensed Florida attorney prior to filing.]
TABLE OF CONTENTS
- DOCUMENT HEADER
- DEFINITIONS
- OPERATIVE PROVISIONS (RELIEF REQUESTED)
- REPRESENTATIONS & MATERIAL ALLEGATIONS
- COVENANTS & COMPLIANCE UNDERTAKINGS
- DEFAULT & REMEDIES
- RISK ALLOCATION
- DISPUTE RESOLUTION
- GENERAL PROVISIONS
- EXECUTION BLOCK
- CERTIFICATE OF SERVICE
- NOTARY ACKNOWLEDGMENT
1. DOCUMENT HEADER
IN THE CIRCUIT COURT OF THE [___] JUDICIAL CIRCUIT
IN AND FOR [___] COUNTY, FLORIDA
FAMILY LAW DIVISION
Case No.: [_]
Division: [_]
IN RE: The [Marriage / Paternity / Parental Responsibility] of
• Petitioner: [FULL LEGAL NAME],
• Respondent: [FULL LEGAL NAME].
Title: Verified Supplemental Petition for Modification of Child Support
Effective Date for Requested Modification: [MM/DD/YYYY]
2. DEFINITIONS
For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:
2.1 “Child” or “Children” means the minor child(ren) of the parties, to wit: [Name(s) and DOB(s)].
2.2 “Existing Order” means the Final Judgment or Order dated [MM/DD/YYYY] establishing child support in this matter. (Attach as Exhibit A.)
2.3 “Guidelines” means the Florida Child Support Guidelines set forth in Fla. Stat. § 61.30 (2024).
2.4 “Substantial Change” means a change in circumstances that is significant, material, involuntary, and continuing for at least six (6) months, as contemplated by Fla. Stat. § 61.14 (2024).
2.5 “Net Income” has the same meaning as in Fla. Stat. § 61.30(3) (2024).
2.6 “Income Deduction Order” or “IDO” means an order directing automatic income withholding pursuant to Fla. Stat. § 61.13(1)(c) and § 61.1301.
[// GUIDANCE: Keep definitions alphabetical; cross-reference throughout for consistency.]
3. OPERATIVE PROVISIONS (RELIEF REQUESTED)
3.1 Modification of Support. Pursuant to Fla. Stat. § 61.14, Petitioner respectfully requests that this Court:
a. Vacate the child support amount in the Existing Order; and
b. Establish a new child support obligation in the amount of $[____] per [month/week], calculated in accordance with the Guidelines and the financial affidavits of the parties. (See Exhibit B: Proposed Guidelines Worksheet.)
3.2 Retroactivity. Petitioner requests that the modified amount be made retroactive to [MM/DD/YYYY], being the date that constitutes actual notice to Respondent and/or the date of Substantial Change, whichever is earlier, consistent with Fla. Stat. § 61.14(1)(a).
3.3 Income Deduction. Petitioner further requests entry of an IDO directing withholding of the modified support from Respondent’s income, along with any related fee authorized by statute.
3.4 Medical/Dental Expenses. Allocate uncovered medical, dental, and prescription expenses [pro rata in accordance with each party’s percentage share of the combined net income / as otherwise ordered].
3.5 Additional Relief. Grant such other and further relief as is just, proper, and consistent with the best interests of the Child(ren).
4. REPRESENTATIONS & MATERIAL ALLEGATIONS
4.1 Jurisdiction & Venue. The Court has continuing jurisdiction under Fla. Stat. § 61.13 and Fla. Stat. § 61.14 because the Child(ren) reside(s) in [__] County, Florida, and the Existing Order was entered by this Court.
4.2 Compliance with Parenting Plan. All terms of the operative parenting plan remain in effect and are not the subject of this Petition.
4.3 Substantial Change in Circumstances. Since entry of the Existing Order, the following Substantial Change has occurred:
• [Loss of employment / significant income increase / medical condition / change in daycare costs / emancipation of a child / other].
4.4 Financial Affidavits. Petitioner has contemporaneously filed a fully executed Florida Family Law Financial Affidavit (Form 12.902(b) or (c)). Respondent will be required to do likewise within fifteen (15) days of service.
4.5 Child Support Guidelines Compliance. The recalculated support amount exceeds a 15% or $50 differential from the Existing Order, satisfying Fla. Stat. § 61.14(1)(a) threshold requirements.
4.6 Best Interests. The requested modification is in the best interests of the Child(ren) and ensures adequate support in accordance with public policy and the Guidelines.
5. COVENANTS & COMPLIANCE UNDERTAKINGS
5.1 Continuing Disclosure. Each party shall provide updated income documentation annually on or before [MM/DD] or within thirty (30) days of a material change in income, whichever occurs first.
5.2 Notice of Employment Changes. Each party shall, within five (5) days of occurrence, provide written notice to the other and to the Clerk of Court of any change in employment, rate of pay, or address.
5.3 Cooperation with IDO. Respondent shall execute any documents reasonably necessary to facilitate issuance and implementation of the IDO.
6. DEFAULT & REMEDIES
6.1 Events of Default. Failure by the obligor to pay support as ordered for a period exceeding fifteen (15) days shall constitute a default.
6.2 Graduated Remedies. Upon default, the following remedies may be pursued without further order:
a. Automatic accrual of statutory interest;
b. Suspension of driver’s, professional, and/or recreational licenses;
c. Interception of tax refunds and lottery winnings;
d. Contempt proceedings and incarceration as permitted by law; and
e. Attorneys’ fees and costs to the prevailing party.
[// GUIDANCE: These remedies mirror statutory enforcement mechanisms under Chapters 61 & 88, Florida Statutes.]
7. RISK ALLOCATION
7.1 Liability Cap. Any monetary liability of either party arising from this Petition shall be limited to the percentage of income attributable to that party under the Guidelines, except as otherwise ordered for sanctions or contempt.
7.2 No Indemnification. Consistent with domestic-relations public policy, no indemnification obligations are created by this Petition.
7.3 Force Majeure. Neither party shall be excused from child support obligations due to force majeure absent further court order; however, force majeure events may constitute grounds for future modification.
8. DISPUTE RESOLUTION
8.1 Governing Law. This matter is governed exclusively by the laws of the State of Florida, including Fla. Stat. ch. 61.
8.2 Forum Selection. All proceedings shall be brought in the Circuit Court, Family Division, in and for [__] County, Florida.
8.3 Arbitration. Not applicable to child support matters under Florida law.
8.4 Jury Waiver. Jury trials are not available in child support proceedings.
8.5 Injunctive/Equitable Relief. The Court retains authority to enter income deduction, contempt, and other equitable orders to enforce support obligations.
9. GENERAL PROVISIONS
9.1 Amendment. This Petition may be amended only in accordance with Fla. Fam. L. R. P. 12.190 and Fla. R. Civ. P. 1.190.
9.2 Severability. If any provision herein is held invalid, the remaining provisions shall continue in full force, provided the essential relief requested can still be effectuated.
9.3 Integration. This Petition, together with all exhibits and required financial filings, constitutes the complete request for relief; no oral statements shall modify its terms.
9.4 Electronic Signatures. Signatures transmitted via facsimile, e-mail, or other electronic means shall be deemed originals for filing purposes pursuant to Fla. Fam. L. R. P. 12.525.
10. EXECUTION BLOCK
Respectfully submitted this ___ day of ____, 20__.
[ATTORNEY NAME], Esq.
Florida Bar No. [___]
[Law Firm Name]
[Address] | [Phone] | [Email]
Counsel for Petitioner
VERIFICATION
I, [PETITIONER NAME], hereby swear or affirm under penalty of perjury that I have read this Supplemental Petition and that the facts stated herein are true and correct to the best of my knowledge and belief.
[PETITIONER NAME]
STATE OF FLORIDA
COUNTY OF ____
Sworn to (or affirmed) and subscribed before me this ___ day of _, 20_, by [PETITIONER NAME], who is personally known to me or has produced ______ as identification.
Notary Public, State of Florida
(My Commission Expires: ____)
11. CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served on [RESPONDENT NAME / Respondent’s counsel] via [e-portal / U.S. Mail / e-mail] pursuant to Fla. Fam. L. R. P. 12.080 on this ___ day of ____, 20__.
[ATTORNEY NAME], Esq.
12. NOTARY ACKNOWLEDGMENT FOR RESPONDENT (OPTIONAL)
[// GUIDANCE: Include if Respondent executes a consent or waiver; otherwise omit.]
EXHIBITS (to be attached upon filing)
• Exhibit A – Copy of Existing Order
• Exhibit B – Child Support Guidelines Worksheet
• Exhibit C – Petitioner’s Financial Affidavit (Form 12.902(b)/(c))
• Exhibit D – Proposed Income Deduction Order
[// GUIDANCE: Exhibits must be contemporaneously filed or served per Fla. Fam. L. R. P. 12.130.]
DRAFTING NOTES
[// GUIDANCE:
1. Verify all dollar amounts using current Guidelines schedule.
2. Confirm proper county venue and division.
3. Include Social Security numbers on the state-mandated “Notice of Social Security Number” form; do not place SSNs in this pleading.
4. Review local administrative orders for any county-specific parenting course or mediation requirements.
5. Double-check certificate of service format to comply with statewide e-portal rules.
]