Temporary Reduction of Child Support or Alimony in Florida

Under Florida law, if a person paying support suffers an involuntary reduction in income and it is has been less than 12 months, then a permanent modification of child support or alimony on that basis is generally inappropriate. This is because a change is considered temporary for a period of a year or less. In Florida, temporary changes in income cannot be used to permanently change alimony or child support.

Permanent Loss of Income

A change that lasts for a year or more may be considered a permanent change. You cannot permanently reduce alimony where a permanent reduction in income is not proven.

Seeking Temporary Relief

Temporary relief from the obligation may be available upon a showing of a temporary change of circumstances. Gardiner v. Gardiner, 705 So. 2d 1018 (Fla. 5th DCA 1998) (holding that Husband who testified that he expected to be rehired could not permanently modify his alimony, but was entitled to have the payments suspended during the current period of unemployment); Whetstone v. Whetstone, 710 So. 2d 749 (Fla. 4th DCA 1998).

The court may award temporary relief for a reduction in income by reducing the child support or alimony payments.

See Manning v. Manning, 600 So. 2d 1274 (Fla. 1st DCA 1992) (concluding that where a reduction in income was not shown to be permanent, it was within the court’s discretion to grant the Former Husband “emergency” or temporary relief from the obligation); see also McConnell v. McConnell, 552 So. 2d 237 (Fla. 1st DCA 1989); Abdella v. Abdella, 693 So. 2d 637 (Fla. 3d DCA 1997).

The court may also temporarily suspend support payments during a period of unemployment.

Bennett v. Dept. of Revenue, 664 So. 2d 33 (Fla. 5th DCA 1995). Florida courts have found this is appropriate when the payor is diligently seeking re-employment and the unemployment should be temporary. See Bain v. Bain, 687 So. 2d 79 (Fla. 5th DCA 1997) (holding that it is proper to temporarily suspend or reduce a support obligation when the payor is involuntarily forced to retire and is making a good faith effort to become re-employed); Pitts v. Pitts, 626 So. 2d 278 (Fla. 1st DCA 1993); Ronan v. Ronan, 621 So. 2d 518 (Fla. 1st DCA 1993).

In the event a support payment is temporarily reduced, the court could also order that a support arrearage should not accumulate if a person pays the reduced support during the temporary reduction period.

Aarts v. Aarts, 636 So. 2d 57 (Fla. 2d DCA 1994); see also Dept. of Revenue v. Heirholzer, 708 So. 2d 682 (Fla. 2d DCA 1998).

If you lost your job or income involuntarily and you do not have the ability to pay your child support or alimony, then you should consult a family law attorney in Tampa. Attorney Lexie Larkin of Larkin Law handles temporary or permanent modifications of child support and alimony in Hillsborough, Manatee, Pinellas, Pasco, and Sarasota Counties in the State of Florida. Please contact us today to schedule a consultation and discuss your options.