Shemtov Hillstrom - Trial Lawyers in South Florida

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How Do I Challenge a Magistrate’s Child Support Order in Florida?

Key points about child support orders and hearings in Florida:

  • Magistrates often handle child support hearings in Florida, not judges.
  • After a hearing, a magistrate issues a recommended order that can be challenged by either party.
  • A judge must review and approve a magistrate’s recommendations before they become enforceable orders.
  • If no objections are filed, the judge will usually adopt the recommendation as a final order.
  • You can only appeal a final order if there was a legal error (not just because you disagree with the outcome).
  • Child support orders can be modified later if there’s been a substantial change in circumstances, such as a change in income, employment, or the needs of the child.

Many parents who are going through Florida’s family court system to determine appropriate child support are surprised to learn that a magistrate—not a judge—may be the one handling certain hearings.

While this normally doesn’t impact the decision made in your case, for many families, it raises questions about the process and their rights to appeal a decision they disagree with. In this article, we’ll explain the purpose of magistrates and judges in Florida family courts, what happens after a decision is made, and what options you may have if you want to challenge a child support order.

If you need help appealing or modifying a support order in Florida, the Fort Lauderdale child support attorneys at Shemtov Hillstrom can explain your legal options and guide you through the process. Learn more by scheduling a free consultation.

Are family court judges magistrates?

No. Family court judges and magistrates are not the same. Judges are elected officials who have the authority to make final, binding decisions in your case. Magistrates are appointed to help the court by handling certain matters, but they do not replace a judge.

Is a magistrate higher than a judge?

No. A magistrate is not higher than a judge. In fact, magistrates work under the authority of a judge.

Think of a magistrate as someone who assists the judge by handling certain parts of a case, but the judge remains the final decision-maker.

What is the difference between a magistrate and a judge in Florida?

The main difference is authority. A judge has the final say in a case and signs off on all enforceable orders. A magistrate, on the other hand, typically conducts hearings, reviews evidence, and makes recommendations to the judge.

Those recommendations do not become official until a judge reviews and approves them. This process helps move cases along more efficiently, especially in busy family courts.

What kind of cases do magistrates handle in family court?

Magistrates are often assigned to handle routine or high-volume family law matters, especially those that involve detailed financial issues or enforcement of existing court orders.

In Florida family court, magistrates commonly handle issues like:

  • Child support establishment and modification
  • Alimony (spousal support) issues, particularly when financial records need to be reviewed
  • Discovery disputes, including disagreements over financial disclosures or required documents
  • Enforcement of prior court orders, such as unpaid support or failure to follow court directives
  • Contempt hearings, where one party is accused of not complying with a court order.
  • Certain aspects of time-sharing or custody cases, especially when tied to support or enforcement issues.

Remember that while magistrates play an important role in these proceedings, their decisions must be reviewed and approved by a judge before becoming final.

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What happens after a magistrate issues a decision?

After a magistrate hears the case, they prepare a written recommendation based on the evidence and testimony presented. This is often called a “recommended order.”

That order is then sent to a judge. If neither side objects within the allowed time, the judge will usually approve it and turn it into a final order. Once signed by the judge, it becomes legally enforceable.

Can you appeal a magistrate’s child support order in Florida?

You typically do not “appeal” a magistrate’s decision right away. Instead, you first have the opportunity to file objections to the magistrate’s recommendations within a specific time period (typically 10 days).

If you object, the judge will review those concerns and may hold a hearing before deciding whether to accept, reject, or modify the recommendation.

Once the judge enters a final order, you may then have the option to pursue a formal appeal if you believe a legal error was made.

How do you appeal a child support order in Florida?

The steps you take depend on who made the decision—a magistrate or a judge—and it’s important to understand the difference before moving forward.

Step 1. Determine whether the order came from a magistrate or a judge

If a magistrate handled your hearing, you typically do not file an appeal right away. Instead, you must first file exceptions (objections) to the magistrate’s recommended order.

Step 2. File objections (if a magistrate was involved)

You generally have 10 days from the date the magistrate’s recommendation is issued to file written objections with the court. In those objections, you must explain what you believe was incorrect, such as mistakes in income calculations, overlooked evidence, or legal errors.

The judge will then review your objections and may:

  • Approve the recommendation as-is
  • Modify parts of it
  • Reject it and order a new hearing

This is one of the main points where a decision can be overturned or changed.

Step 3. Wait for the judge’s final order

Once the judge signs a final child support order, it becomes legally enforceable. At this stage, your options change.

Step 4. File a formal appeal (if necessary)

If you believe the judge made a legal error, you may file an appeal with a higher court, typically within 30 days of the final order. This is not the same as simply disagreeing with the outcome. 

An appeal is not a new hearing. The appellate court does not reweigh evidence or hear new testimony. Instead, it reviews the record to determine whether the law was applied correctly. Because of this, appeals are only successful in specific situations, such as:

  • The court applied the wrong legal standard.
  • Important evidence was improperly excluded or ignored.
  • There was a clear error in how the law was interpreted.

Please note that an appeal is different from a modification request.

An appeal challenges whether the original decision was legally correct at the time it was made. A modification, on the other hand, is used when circumstances have changed after the order, such as a job loss, income increase, or changes in the child’s needs.

If your situation has changed, a modification may be the more appropriate path rather than an appeal.

Do I need to provide a full transcript to challenge a magistrate’s child support order?

Yes. Here’s why. In a 2024 appellate case in Florida, a father challenged a trial court order that required him to pay retroactive and ongoing child support. The father questioned both the referral of child support issues to a general magistrate and the magistrate’s calculations, including the imputation of income to him. 

However, the trial court denied his motion to vacate the magistrate’s order, asserting that the magistrate’s recommendations were based on competent and substantial evidence.

The appellate court reviewed whether the trial court abused its discretion in awarding child support and whether substantial evidence supported the magistrate’s imputation of income to the father. The findings and conclusions of a general magistrate are generally viewed with a presumption of correctness by the trial court. A trial court can only reject these findings if they are erroneous, meaning they are incorrect or inaccurate.

The father failed to provide the appellate court with a complete record of the proceedings, presenting only excerpts from the hearing before the magistrate and no transcript of his motion to vacate. Due to the lack of a complete record, the appellate court could not adequately assess the factual and legal grounds for the trial court’s decision, thus affirming the court’s order denying the father’s motion.

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Looking for the best child support lawyer in Fort Lauderdale?

If you’re trying to determine child support obligations in Florida, it’s essential to get the calculations right the first time. Support amounts are based on detailed financial information, and small mistakes can lead to an order that doesn’t accurately reflect your situation. 

Unfortunately, fixing those issues later often takes time and money and can lead to unnecessary stress for everyone involved.

At Shemtov Hillstrom, our Fort Lauderdale family law attorneys bring extensive trial experience to every case they take. With Tal Shemtov’s background as a former Broward County prosecutor and Carter Hillstrom’s extensive trial experience, including over 1,000 bench trials, the firm is well prepared to handle cases that require both negotiation and litigation.

If you need help with a child support issue in Florida, schedule a free consultation with Shemtov Hillstrom today to learn how we can help your family move forward.

What if One Person Doesn’t Want To Get Divorced in Florida?

Key points about divorce in Florida when one spouse refuses:

  • One spouse can move forward with a divorce in Florida even if the other does not agree.
  • A default divorce can occur when one spouse fails to respond within the required timeframe.
  • If a spouse ignores the case, they risk losing the ability to influence decisions about property, alimony, and children.
  • A final judgment makes the divorce official and creates legally enforceable obligations for both parties, even if one spouse wasn’t involved in the process.

Married couples don’t always see eye to eye when it comes to divorce. In many cases, one person is ready to move forward with the divorce while the other hopes to work things out or maybe just wants a trial separation.

So, what happens when a couple can’t agree on what to do next? Can a husband or wife move ahead with a divorce without the other’s consent?

Florida law does allow a divorce to proceed even when one person doesn’t want it, but that doesn’t mean the process is simple. In this article, we’ll explain how divorce works in Florida when both spouses are not on the same page, including what happens if someone refuses to sign or participate. 

If you have questions about your rights in a Florida divorce, whether you’re the one who wants a divorce or the one who doesn’t, schedule a free consultation with the Fort Lauderdale family law attorneys at Shemtov Hillstrom. 

We can review your situation, explain how the law applies to your specific circumstances, and help you move forward with a clear plan for your future.

What does a no-fault divorce mean in Florida?

Divorce, legally known as dissolution of marriage, is based on a no-fault system in Florida. This means you do not have to prove that either spouse did something wrong to end the marriage.

Instead, the court only needs to find that the marriage is “irretrievably broken.” If one spouse reaches that conclusion, the case can move forward even if the other person disagrees.

While the law treats both spouses as equal participants in the process, it does not require equal agreement. One person’s decision to file for divorce is enough to begin the process, even if one person doesn’t want it.

Can you get a divorce without your spouse’s consent in Florida?

Yes. Your spouse does not have to agree to the divorce for it to happen.

Once one spouse files a petition for dissolution of marriage, the case moves through the court system regardless of whether the other spouse supports it. The non-filing spouse still has the right to respond, raise concerns, and participate in decisions about finances or children, but they cannot stop the divorce entirely.

In other words, you cannot be forced to stay married simply because your spouse refuses to consent to it.

Can you get a divorce without the other person signing in Florida?

Yes. In Florida, a divorce does not depend on both spouses signing off on the paperwork.

After the case is filed, the other spouse must be formally served with the divorce papers. Once served, that spouse has a limited amount of time (typically 20 days) to file a response. If they choose not to sign or respond, the case does not stop—it simply moves forward without their participation.

This is an important distinction. Signing documents can make the process smoother, but it is not required for the divorce to be finalized.

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What happens if a spouse refuses to sign divorce papers in Florida?

If a spouse refuses to sign or participate, the court will still allow the case to proceed as long as the other spouse is properly notified about the divorce. This usually means they must be formally served with the divorce papers by a process server or sheriff, so there is proof they received them.

Once that happens, the court considers that spouse to have been given a fair chance to respond. If they choose to ignore the case, it can move forward without them, and they may lose the opportunity to weigh in on important issues like:

In some situations, a spouse may initially refuse to engage but later decide to participate once they understand the consequences. Either way, the process does not depend on their cooperation.

What is a default divorce in Florida?

A default divorce occurs when the responding spouse fails to file an answer within the required time after being served. When this happens, the court can enter a “default,” which essentially means the case will move forward without input from that spouse. 

The filing spouse may then request a final hearing and ask the court to grant the divorce based on the information they provided.

What happens after a default judgment in divorce in Florida?

After a default is entered, the case moves forward without the other spouse’s input.

The spouse who filed for divorce will usually need to attend a short court hearing. At that hearing, the judge reviews what they are asking for—such as how property should be divided, whether alimony should be awarded, and what parenting arrangements are in place if there are children.

Even if the other spouse did not respond, the judge will not automatically approve everything. 

The court still looks at whether the requests are reasonable and fair and, if children are involved, whether the plan is in their best interests.

If the judge approves the terms, they will sign a final judgment. Once that happens, the divorce is official, and both parties are legally required to follow the terms set by the court, just as they would in any other divorce.

Have questions about your rights in a Florida divorce? We can help!

Divorces where one spouse is uncooperative or unwilling to move forward can quickly become more complicated. These cases often require a careful balance of persistence, strategy, and, when necessary, courtroom advocacy.

The Fort Lauderdale divorce attorneys at Shemtov Hillstrom are experienced in handling contested, uncontested, and high-conflict divorces. We also have extensive experience in Fort Lauderdale Jewish divorce cases.

Tal Shemtov is a former Broward County prosecutor, and Carter Hillstrom has handled more than 1,000 trials. That level of courtroom experience allows them to negotiate effectively when possible and take decisive action in court when needed to protect your interests.

If you have questions about your rights in a Florida divorce or need help moving forward, contact Shemtov Hillstrom to schedule a free consultation to get clear guidance on your next steps.

Is Dating During A Divorce Considered Adultery in Florida?

Key points about dating while going through a divorce in Florida:

  • Florida is a no-fault divorce state, so adultery does not determine whether a divorce is granted.
  • You are still legally married during separation, so a sexual relationship can still be considered adultery.
  • Florida law technically criminalizes “living in an open state of adultery,” but this is rarely enforced.
  • Family courts typically only consider adultery when it has a financial impact or affects children.
  • Spending money on a new partner can affect asset division through claims of wasted marital assets.
  • Adultery does not directly determine child custody, but it may matter if a relationship negatively impacts the child’s well-being.

If you’re going through a separation and you or your spouse has started to date, you may be wondering whether dating during separation is considered adultery in Florida and if it can affect things like asset division or alimony.

Florida is a no-fault divorce state, which often leads people to assume that issues like cheating don’t really matter. But in reality, the situation is more nuanced. 

While adultery does not determine whether a divorce is granted, it can still play a role in certain financial aspects of a case, depending on the circumstances, which we’ll explain in detail below.

If you have questions after reading this article about how your situation could affect property distribution, child custody, or alimony and child support in your divorce, reach out to the experienced Fort Lauderdale family law attorneys at Shemtov Hillstrom to schedule a free consultation.

What counts as adultery in Florida?

In Florida, adultery is generally understood as a married person engaging in a voluntary sexual relationship with someone other than their spouse. There is no detailed statutory definition used in most divorce cases, but the key factor is the existence of a sexual relationship outside the marriage.

It’s important to understand that even if you and your spouse are separated, you are still legally married until your divorce is finalized. Because of that, a sexual relationship with someone else during separation can still be considered adultery. On the other hand, simply dating—such as going out together or spending time with someone—without a sexual relationship typically would not qualify.

In practice, adultery is often proven through circumstantial evidence rather than direct proof. Courts may look at things like opportunity and behavior to determine whether a relationship crossed that line.

Can you go to jail in Florida for cheating?

Many people are surprised to hear that Florida does have a law that addresses adultery, but it is pretty narrow.

Under Florida Statute 798.01, a person commits a crime if they are “living in an open state of adultery.” This is classified as a second-degree misdemeanor in Florida, which is punishable by:

  • Up to 60 days in jail
  • Up to 6 months of probation
  • A fine of up to $500

However, the key phrase in the law is “living in an open state of adultery.” This does not typically refer to a single instance of cheating or casually dating while separated. 

Instead, it generally means an ongoing, continuous relationship where two people are openly cohabiting or presenting themselves as a couple while at least one of them is still legally married to someone else.

Even with that definition, this law is rarely enforced in modern practice. It is extremely uncommon for prosecutors to pursue charges under this statute, and most people will never face criminal consequences for adultery.

Is it cheating if you date while going through a divorce?

Not necessarily. Going on a date is not automatically considered cheating in Florida. In most cases, simply spending time with someone or getting to know a new person will not, by itself, be treated as adultery.

In divorce cases, courts are typically only concerned with cheating in specific circumstances, like when it has a financial impact on the marriage or directly affects the children.

How does cheating affect a divorce in Florida?

Generally speaking, dating during separation does not affect things like alimony or the division of assets. That’s because Florida courts look at economic factors when deciding alimony, not whether someone dated or committed adultery. 

The Florida Supreme Court has said that for something like adultery to affect alimony or asset division, it has to have an economic impact, like causing a loss of family resources. 

Here’s how adultery could impact a divorce in specific situations involving finances or children.

Alimony

Courts may consider adultery when deciding alimony if the relationship had a financial impact on the marriage. This usually comes up when one spouse used marital funds to support the extramarital relationship. 

Common examples include paying for vacations, hotel stays, or gifts or even helping a new partner with bills. In some cases, alimony adjustments may also be warranted if a spouse spent significant money on dating apps, frequent nights out, or a second household. 

If the court finds that marital money was used this way, it may increase or decrease alimony to account for that spending or factor it into the overall financial picture when deciding what is fair.

If you have concerns about the way money is being spent during your separation, or you’re worried your spending will be used against you during your divorce, discuss your situation with a Fort Lauderdale alimony attorney.

Asset division

Florida follows an equitable distribution rule, meaning the court divides assets based on fairness rather than a strict 50/50 split. Adultery becomes relevant when it involves the “dissipation” or waste of marital assets. 

For example, if one spouse drained joint accounts, racked up credit card debt, transferred money to a new partner, or spent large sums on an affair, the court may compensate the other spouse. 

This could mean awarding them a larger share of the remaining assets or crediting them for the amount that was improperly spent.

Child custody (time-sharing)

Adultery alone does not determine custody. Courts focus on the best interests of the child when it comes to time-sharing. However, a parent’s relationship may become relevant if it affects the child’s environment or well-being. 

For example, concerns may arise if a new partner has a criminal history, substance abuse issues, or creates instability in the home. It could also matter if the relationship leads to poor judgment, such as exposing the child to inappropriate situations, disrupting their routines, or prioritizing the relationship over parenting responsibilities. 

In those situations, the court may modify the time-sharing arrangement to better protect the child. 

Overall, the focus is not on punishing a spouse for cheating but on addressing any real-world impact the relationship had on finances or the child’s best interests.

Where can I find the best divorce attorney in Fort Lauderdale?

Divorce can quickly become complicated, especially when financial or parenting issues are contested in high-conflict divorces. In these situations, it’s important to have an attorney who knows how to negotiate effectively but is also fully prepared to take your case to court if the other side is not being reasonable.

The Fort Lauderdale divorce attorneys at Shemtov Hillstrom bring a strong trial-focused background to every case. Tal Shemtov is a former Broward County prosecutor, and Carter Hillstrom has handled dozens of jury trials and well over 1,000 bench trials. That level of courtroom experience means your case is approached with strategy from day one, whether it resolves through negotiation or requires litigation.

If you’re facing a difficult divorce in Florida and need clear guidance on your options, reach out to Shemtov Hillstrom to schedule a free consultation to discuss the best path forward for you and your family.

At What Age Can a Child Refuse to See a Parent in FL?

Key points about children refusing visitation in Florida:

  • Kids do not have the legal authority to opt out of visitation. Existing court orders remain in effect unless a judge changes them.
  • Florida law does not set a specific age where a child under 18 can decide whether to see a parent. That decision stays with the court.
  • Parents are still expected to follow the parenting plan, even when a child pushes back, unless the court says otherwise.
  • If one parent blocks scheduled time-sharing, the other can ask the court to step in and enforce the order.

When visitation issues start to break down, it can quickly become stressful for everyone involved—especially when a child says they don’t want to see their other parent. While Florida law doesn’t give children the final say, these situations are rarely simple and often raise bigger concerns about safety, parenting dynamics, or compliance with a court order.

If you’re dealing with a child refusing visitation or an ex not following the schedule, it’s crucial to understand your rights and options before things escalate.

The experienced Fort Lauderdale child custody attorneys at Shemtov Hillstrom can help you make sense of your situation and take the right next steps to help you protect your child. Learn more by scheduling a free consultation.

Can a child choose not to visit a parent in Florida?

No. In Florida, a child cannot legally decide on their own to refuse visitation with a parent. Time-sharing schedules are set by court order, and both parents are expected to follow them.

While a child’s feelings may be taken into account, the final decision always rests with the court. Until a judge modifies the parenting plan, the existing visitation order remains enforceable.

At what age can a child refuse visitation with a parent in Florida?

There is no specific age at which a child can legally refuse to see a parent. Florida child custody laws and visitation matters are governed by what is in the best interests of the child.

Most courts are generally reluctant to allow a child to unilaterally make decisions about visitation until they are 18, which is the age of majority.

Will a judge consider a child’s preference to not see a parent when deciding visitation in Florida?

Yes, in a Fort Lauderdale divorce case, courts may consider the child’s preferences as one of many factors in determining custody and visitation arrangements, especially as the child grows older and demonstrates maturity. 

The weight given to a child’s preference can vary depending on the child’s age, intelligence, understanding, and reasoning behind their preference. 

It’s important to note that a child’s preference, no matter their age, is just one aspect the court will consider and is not typically the deciding factor.

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What happens if a child doesn’t want to go with the other parent?

If a child expresses a strong desire not to visit one parent, the court will likely investigate the reasons behind this preference. This may involve looking into potential issues like abuse or parental alienation (when one parent influences or pressures a child to reject or fear the other parent without a valid reason). 

Ultimately, any decision to alter a visitation schedule or custody arrangement is up to the court, and it will always prioritize what it deems to be in the best interests of the child.

Do judges take parental alienation seriously?

Yes. Florida courts take parental alienation seriously because it’s damaging to the child and can also harm their relationship with a parent and interfere with court-ordered time-sharing. If a judge believes this is happening, it can impact custody decisions. 

Courts may order changes to the parenting plan, require counseling, or take other steps to repair the relationship. In more severe cases, it could even result in a modification of primary custody. 

The court’s focus is always on protecting the child’s well-being and maintaining healthy parent-child relationships whenever possible.

What can I do if my ex won’t let me see my kids?

If your ex doesn’t have sole custody and is denying court-ordered visitation, you have legal options—but it’s important not to take matters into your own hands. Violating the order yourself could make the situation worse for you and your child.

Instead, you should:

  • Document missed visits and communication.
  • File a motion for enforcement or contempt.
  • Request makeup time-sharing.
  • Ask the court to modify the parenting plan if the behavior continues.

Florida courts expect both parents to follow the order as written. When one parent refuses, judges can impose consequences, including fines, makeup time, or other remedies designed to enforce compliance.

What to do when your child refuses to go to visitation

This is one of the most difficult situations parents face. Even if your child resists, you are still expected to follow the court-ordered schedule unless it is officially changed.

You should start by trying to understand the reason behind the refusal. Some resistance may be temporary or emotional, while other situations could point to more serious concerns that need to be addressed.

From a legal standpoint, it’s important to:

  • Encourage your child to follow the visitation schedule.
  • Avoid speaking negatively about the other parent.
  • Keep a record of what’s happening and when.
  • Seek legal guidance from a Fort Lauderdale family law attorney if the issue continues.

If the refusal becomes ongoing, you may need to ask the court for a modification. Judges will look closely at the circumstances and determine whether a change is necessary to serve the child’s best interests.

Need help establishing or modifying a time-sharing schedule in Fort Lauderdale?

When visitation problems start affecting your time with your child, waiting it out can make things harder to fix. Whether you’re dealing with repeated refusals, a co-parent ignoring the schedule, or concerns about your child’s well-being, taking the right legal step early can make a real difference.

At Shemtov Hillstrom, your case is handled by experienced Fort Lauderdale child custody attorneys who know how to prepare your case from the start. Tal Shemtov’s experience as a former Broward County prosecutor and Carter Hillstrom’s background handling more than 90 jury trials and over 1,000 bench trials give you an edge when issues escalate into court. 

If you need to enforce your rights or pursue a change to a parenting plan in Florida, contact the team at Shemtov Hillstrom today for a free consultation. We’re ready to step in and advocate for you and your child.

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Can I get credit for child support I paid even though the kids were living with me?

Key points about child support modification in Florida:

  • Child support in Florida can only be modified after a substantial, material, and unanticipated change in circumstances.
  • Not all life changes qualify. Temporary or voluntary income changes are usually not enough.
  • Courts examine whether the change is ongoing and impacts a parent’s ability to pay or a child’s financial needs.
  • Child support modifications are not automatic and require a new court order.
  • Retroactive modification is possible in limited situations, such as when a child’s primary residence changed.

If your financial situation has recently changed and your current child support order no longer feels fair or workable, you may be wondering what your options are under Florida law and whether a modification can apply to past payments. 

That’s a common and important question, especially for parents who’ve experienced job loss, decreased income, or changes in parenting time (called time-sharing in Florida).

In this article, we’ll discuss how child support modifications work in Florida, including when a support order can be modified, what qualifies as a legally recognized change in circumstances, and whether child support modifications can be retroactive. 

We’ll also explain the steps involved in requesting a modification so you understand what to expect before moving forward.

Because mistakes or delays can be costly, it’s often helpful to get legal guidance early.

If you’re considering a support modification in South Florida, the Fort Lauderdale child support modification lawyers at Shemtov Hillstrom can help you pursue a modification that reflects your current reality. Learn more by scheduling a free consultation.

When can child support be modified in Florida?

Child support in Florida can be modified after a court order is already in place when there has been a substantial, material, and unanticipated change in circumstances since the last order was entered. The change must be significant enough that keeping the current amount would no longer be fair or appropriate.

Courts look at whether the change is ongoing and whether it meaningfully affects either parent’s ability to pay or the child’s financial needs.

What qualifies as a change in circumstance for child support modification in Florida?

Florida courts require that the change in circumstances be significant, not temporary, and not something the court already considered when the current order was entered.

Common examples that may qualify include:

  • A significant change in income for either parent, such as job loss, promotion, demotion, or a long-term reduction in hours
  • Changes in time-sharing that meaningfully alter how much time the child spends with each parent
  • Increased needs of the child, including higher medical costs, health insurance costs, educational expenses, child care, or special needs that weren’t present before
  • Long-term disability or serious illness affecting a parent’s ability to earn income
  • Incarceration of a parent, depending on the circumstances and duration

Please note that not every life change will qualify. Short-term setbacks, voluntary reductions in income, or minor financial fluctuations are usually not enough on their own.

Whether a change meets Florida’s legal standard depends on the specific facts, which is why many parents choose to speak with a Fort Lauderdale child support attorney before filing for modification.

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Is child support modification retroactive in Florida?

Not always, but it can be. In a recent case, a Florida appellate court addressed whether a parent can get credit for child support payments made during a period when they were actually taking care of the children. The central issue was the retroactive modification of child support in light of a change in the child’s primary residence.

The father in this case had been making child support payments, but at some point, the child started living with him full-time. He sought to modify his child support obligations retroactively to the time the child’s living arrangements changed. 

The lower court refused this request, but the appellate court overturned this decision.

The appellate ruling highlighted that changes in the child’s living situation can warrant a reevaluation of child support obligations.

If a parent becomes the primary caretaker, they may be entitled to modify their child support obligations to reflect the new living arrangement. However, this modification is not automatic and requires a court order.

How do I modify my child support in Florida?

To modify child support in Florida, you must go through a formal process with the court that issued the original order. Here’s how it generally works:

  1. File a supplemental petition for modification. You’ll begin by filling out Form 12.905(b), “Supplemental Petition for Modification of Child Support,” which enables you to ask the court to review and change the existing child support order. The petition  must explain what has changed and when it occurred.
  2. Provide financial documentation. You’ll need to submit updated financial affidavits and supporting records, such as pay stubs, tax returns, proof of expenses, or medical costs.
  3. Serve the other parent. The other party must be formally notified and given an opportunity to respond.
  4. Attend mediation or a hearing, if required. Some cases resolve through agreement, while others require a judge to decide whether a modification is appropriate and what the new amount should be. If your modification request requires a hearing, it’s usually a good idea to involve a family law attorney in Fort Lauderdale who can help you present your case effectively.
  5. Receive a new court order. Child support only changes once a judge signs a modified order. Until then, the original amount remains enforceable.

Because even small mistakes can impact a decision or affect whether changes apply retroactively, many parents choose to work with a Florida child support modification attorney to make sure their request is filed properly and backed by the right evidence.

Need help getting a child support order modified in Fort Lauderdale?

If your circumstances have changed and your current child support order no longer makes sense, don’t leave your case up to chance.

At Shemtov Hillstrom, Fort Lauderdale family trial lawyers Tal Shemtov and Carter Hillstrom bring their perspectives as former prosecutors to every family law case they handle. That background means they know how to gather persuasive evidence, present clear and credible arguments in court, and push for compliance when child support issues become contested.

If you’re seeking a child support modification in Florida, contact Shemtov Hillstrom today to schedule a free consultation and get experienced guidance you can rely on.

Can a custodial parent waive back child support?

Key points about waiving child support in Florida:

  • Florida treats child support as the child’s right, not the parents’.
  • Parents cannot privately waive current or past-due child support without a court order.
  • Back child support can only be adjusted or forgiven through a court-approved modification.
  • Changes such as income shifts, new living arrangements, and increased child expenses can justify a modification request.
  • Private or verbal agreements are not legally enforceable, and unpaid support can still be collected.

If a change in your financial situation has made paying child support difficult or you and your child’s other parent agree that child support is unnecessary, you may be wondering whether parents can simply agree to waive payments or erase past-due amounts. 

In Florida, child support isn’t just a financial arrangement between parents; it’s a legal obligation designed to protect your child’s well-being.

In this article, we’ll explain if parents can legally waive child support in Florida, whether back child support can ever be forgiven, when support can legally be stopped, and how the modification process works if your circumstances have changed. 

We’ll also explain why every change must go through the court, even if both parents are on the same page.

If you’re unsure about your rights or you need help modifying a child support order in Florida, schedule a free consultation with the Fort Lauderdale child support attorneys at Shemtov Hillstrom.

Can parents agree to waive child support in Florida?

A parent with substantial timesharing cannot unilaterally waive back child support owed by the other parent in Florida. Child support payments are viewed as the right of the child, and thus, parents do not have the authority to waive these payments. 

Not on their own. In Florida, child support is considered the child’s right—not the parents’—which means parents cannot unilaterally waive current or past-due support, even if they both agree to it. The purpose of child support is to ensure the child’s needs are met, so it’s not something that parents can simply waive or negotiate away.

Keep in mind that even though the parent receiving support is usually the one who reports missed payments, choosing not to enforce a delinquent payment does not erase the obligation or make it legally waived. 

Only a judge can approve a change to child support, and the court can override any private agreement if it believes the child would be harmed by it.

That said, judges often honor reasonable parental agreements as long as both parents appear to be acting in good faith and the arrangement still protects the child’s best interests.

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Can child support back pay be waived in Florida?

No, under a Florida custody agreement, any outstanding child support arrears remain the responsibility of the non-custodial parent until fully paid, unless modified by a court order. 

However, in some cases, a knowledgeable Fort Lauderdale family law attorney may be able to help the custodial parent and the non-custodial parent reach a new legal agreement regarding the payment of arrears, but this agreement must be approved by the court. The court will review such agreements to ensure that the best interests of the child are not adversely affected.

Additionally, any modification of child support payments, including the forgiveness of arrears, typically requires a court hearing. During this hearing, the court will consider the child’s needs, the reason for the arrears, and the non-custodial parent’s ability to pay. 

The court has the discretion to decide whether or not to waive the back child support, but this decision is made with the child’s best interests as the primary consideration.

Can you request to stop child support in Florida?

Yes, but only if there’s been a significant change in your financial situation or living arrangements. Any modification of child support requires a court order. So, even if you lose your job, you’re legally required to make payments until a modification is approved by the court.

How to get off child support in Florida?

To formally end or reduce child support in Florida, you must go through the court. The process starts by filing a Supplemental Petition for Modification of Child Support with the same circuit court that issued the original order.

To succeed, you must show a substantial, permanent, and involuntary change in circumstances, such as:

  • A major change in income for either parent
  • A shift in the child’s living arrangement, like parents moving back in together or a child living full-time with the parent paying support
  • New expenses or needs for the child, such as medical treatments or schooling costs

After filing, both parents must submit updated financial affidavits and attend a hearing. If the judge agrees the change is significant and ongoing, the court can issue a new order ending or adjusting child support.

It’s important to make these changes through the court—private agreements or verbal promises are not legally enforceable, and unpaid support can still be collected.

A Fort Lauderdale child support modification attorney can walk you through the process and help protect your rights and your child’s best interests.

Need help changing a child support order in Fort Lauderdale?

Understanding the complexities of child support, especially regarding back child support, is crucial for both custodial and non-custodial parents. If you need assistance or have questions about waiving back child support in Florida, don’t hesitate to reach out to Shemtov Hillstrom.

Our experienced Fort Lauderdale child custody lawyers are committed to guiding you through the legal process while ensuring that the decisions made are in the best interests of your child and comply with Florida law.

Let us help you navigate these important financial matters with expertise and care. Schedule a free consultation with Shemtov Hillstrom today.