Stop Child Support & Forgiveness of Arrears

by Curtis from Dade City, Florida, Pasco County

Stopping current child support and forgiveness for arrears for a child. For past year and currently my daughter lives with me.

I pay child support to her mother and she has agreed to have shared custody and stop the child support.

We are agreeing to shared custody and financial support (shared custody/financial support).

We want to take the State of Florida out of the equation. We will share visitation but with my daughter living with me and I will not ask for child support from her mother. What do I need to file with the courts?

Answer to Florida Child Support Question

Dear Curtis,

As a matter of public policy the State of Florida needs to stay in the equation. The reason for this is not all parents will uphold their children's best interests; and other parents need guidance from the courts.

The Florida Supreme Court approved form for changing a child's living arrangement is the Supplemental Petition to Modify Parenting Plan/ Time Sharing Schedule and Other Relief. The instructions of this form state, in part:

This form should be used when you are asking the court to change the current Parenting Plan/time-sharing schedule.

The court can change the Parenting Plan/time-sharing schedule if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests.

Have a look at our web-powered instructions page for Form 12.905(a).

The form used to change court ordered child support is Supplemental Petition for Modification of Child Support, Form 12.905(b). Instructions for this form state, in part:

This form should be used when you are asking the court to change a current court-ordered child support obligation.
The court can change a child support order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests.

Have a look at our web-powered instructions page for Form 12.905(b).

The court's goal is to ensure the best interests of the children. If both parties agree on the terms of child visitation, time sharing, and child support, and those terms are also in the best interests of the child(ren), then those terms may be approved by the judge.

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