Florida Court Addresses Standard For Modifying A Child Support Agreement

Florida’s child support system is designed to ensure that children are provided for by their parents. The child support calculation follows rigid rules based on a worksheet that the judge uses to calculate support. Nonetheless, the court has some discretion when it comes to awarding child support. In the case of Mannella v. Mannella, Sixth DCA, March 20, 2023, the father sought to reduce his child support burden. In this article, we’ll review the case and how it applies to Florida guidelines on modifying a child support order.

Background of the case 

In this case, Michael and Leah Mannella divorced in April 2018. The final judgment incorporated their marital settlement agreement, which required Michael to pay $2,000 per month in durational alimony and $250 per month in child support. In September 2020, Michael filed a petition to reduce child support, citing a substantial increase in Leah’s income alongside a substantial reduction in his own.

The trial court denied Michael’s petition, finding that although Leah’s income did, in fact, increase, so had Michael’s. The trial court likewise concluded that Michael had voluntarily modified his employment in order to reduce his child support obligation. The court effectively concluded that there was no substantial change in circumstances to warrant a modification. Ultimately, to be awarded a modification requires the petitioner to prove that a substantial change in circumstances has occurred.

Michael appealed the decision. He argued that the trial court had applied an improper “heavier burden” standard to his request for a downward modification. He argued that, even though the award arose from a marital settlement agreement, he should not bear a higher burden than if the order had been court-imposed.

The appeal 

In this case, the Sixth District Court of Appeal rejected the “judicially created burden” argument, clarifying that the properly applicable standard across all initial orders is a “substantial change in circumstances.” This remains true whether it was part of an agreement or imposed by the court. The decision reaffirmed the trial court’s discretion but noted that it must be exercised within the correct legal framework as provided by statute (Florida Statutes§61.14(7)). In other words, trial courts can use broad discretion, but must not impose a non-statutory burden on the modification of child support.

Why is this case important? 

Mannella v. Mannella underscores the importance of statutory standards in child support modifications, even when the parties have agreed to the original terms in a settlement. The case reinforces the principle that trial courts have broad discretion, but must exercise it within established legal bounds.

When a parent seeks to modify a child support order, they need only demonstrate that a “substantial change in circumstances” has occurred.

Talk to an Orlando, FL, Child Support Modification Attorney Today 

Struggling with your child support payments? The Orlando family law attorneys at Greater Orlando Family Law can help. Call our Orlando family law attorneys today to schedule an appointment, and we can begin preparing your case right away.

Source:

caselaw.findlaw.com/court/dis-crt-app-flo-six-dis/2192620.html