Parents in Florida may wonder if child support obligations can be changed or stopped, especially when their situations change. A mother might want to cancel child support for various reasons, but this isn’t done through private agreements. Understanding Florida law is important because child support involves legal duties and affects a child’s well-being.
Court’s Authority Over Child Support
In Florida, courts establish and oversee child support. Child support is a right of the child, set by court orders.
Any changes, including stopping child support, must go through the court. Parents cannot cancel or change these arrangements on their own, even if they agree. Private agreements are not legally binding and don’t end the paying parent’s duty. Florida Statute Section 61.13 outlines the court’s authority. To cancel child support, a parent must follow a formal legal process that results in a new court order.
Requirements for Possible Termination
Child support in Florida ends only under specific legal conditions.
Support usually ends when a child turns 18. Florida Statute Section 61.13 allows this to be extended if an 18-year-old is still in high school, but not past their 19th birthday.1The Florida Senate. Chapter 61 Section 13 – 2021 Florida Statutes
Support can also end if a child becomes legally emancipated before 18. According to Florida Statute Section 743.015, emancipation can happen through marriage, joining the armed forces, or a court order granting adult status.2The Florida Senate. Chapter 743 Section 015 – 2024 Florida Statutes Other events that end support include the child’s death or legal adoption.
If a mother wants to end child support before these events, she must ask the court for a modification. Florida Statute Section 61.14 allows this if there’s a substantial change in circumstances.3The Florida Senate. Chapter 61 Section 14 – 2021 Florida Statutes She must prove this change and show that ending support is in the child’s best interests.
Factors That May Influence a Court Decision
When a mother asks to cancel child support, the court reviews the request focusing on the child’s welfare. The decision isn’t automatic.
A primary factor is a substantial, material, and unanticipated change in circumstances since the last support order. Minor or expected life changes are insufficient. This could be a large increase in the mother’s income, allowing her to support the child alone, or a significant, unexpected decrease in the paying parent’s income if the mother’s finances have improved. The change must be unforeseen when the current order was made.
Any modification must be in the best interests of the child. The court considers how cancellation would affect the child’s financial support, health, education, and overall well-being. The child’s right to benefit from both parents’ contributions is protected.
Reasons for the request are examined, such as parental reconciliation if the child’s needs are met in the reunited home, or a mother’s significantly increased income. Financial affidavits from both parents are reviewed, and the mother’s decision must be voluntary.4Florida Courts. Family Law Financial Affidavit
The court also considers the paying parent’s circumstances and whether ending support, or just reducing or suspending it, is appropriate. This helps prevent the child from needing public assistance. The judge’s decision is based on the case specifics and Florida law, prioritizing child welfare.
Filing Motions and Hearing Process
To cancel child support, a mother must follow a legal process, as informal agreements don’t change court orders. This starts by filing a Supplemental Petition for Modification of Child Support with the circuit court.5Florida Courts. Supplemental Petition for Modification of Child Support
The petition must ask to cancel support (making it a $0 obligation) and state the substantial change in circumstances since the last order. A current financial affidavit must be included. Using court-approved forms is recommended.
After filing, the other parent must be formally notified. They have 20 days to respond in writing. Mediation may be required under Florida Statute Section 44.102, where parents try to agree with a mediator’s help.6The Florida Senate. Chapter 44 Section 102 – 2024 Florida Statutes
If mediation doesn’t work or isn’t required, a hearing is set. The judge reviews documents and testimony. If the request is approved, a new court order changes the support to $0 from a specific date. This order legally ends the obligation. If not approved, the original order stays in effect.
Potential Penalties for Non-Payment
Even if a mother wants to cancel child support, the paying parent must continue to pay until a court officially changes or ends the order. Not following a child support order in Florida can lead to serious consequences.
The Florida Department of Revenue or the parent owed support can take action for overdue payments. One method is a motion for civil contempt if a parent can pay but willfully does not. Florida Statute Section 61.1301 covers enforcement. Contempt can result in penalties, like paying a purge amount to avoid more serious actions.
Penalties for not paying child support include:
- Suspension of the delinquent parent’s driver’s license and vehicle registration if payment is over 15 days late (Florida Statute Section 61.13016).7The Florida Senate. Chapter 61 Section 13016 – 2021 Florida Statutes
- Suspension or denial of professional licenses for large overdue amounts (Florida Statute Section 61.13015).8The Florida Senate. Chapter 61 Section 13015 – 2024 Florida Statutes
- Interest charged on past-due payments, increasing the total debt (Florida Statute Section 55.03).
- Liens placed on property.
- Interception of tax refunds or lottery winnings.
- Incarceration in severe cases of willful non-payment.
- Federal penalties under the Deadbeat Parents Punishment Act (18 U.S.C. Section 228) for failing to pay support for a child in another state.9Legal Information Institute. 18 U.S. Code § 228 – Failure to Pay Legal Child Support Obligations
- Denial, revocation, or restriction of passports by the U.S. Department of State for child support debts over $2,500 (42 U.S.C. Section 652).10U.S. Department of State. Pay Your Child Support Before Applying for a Passport