Family Law (Divorce, Family Relations)/Child support


In the final divorce in Florida the non custodial parent waived the gross up method, and now that individual want to reduce child support based on the time spent with the child. My understanding was that since the gross up method was waived it didn't matter how much time was spent with the child. Also my understanding was that this cannot be changed unless the custodial parent agrees to it.

Hi Lisa, the actual language of the waiver, as included in the final judgment, would need to be reviewed to determine its effectiveness. Suffice it to say however, if there has been no other change in circumstances that would justify a modification of the child support and the current time sharing agreement was in effect at the time of the final judgment then the modification action should be dismissed for failure to allege a proper unanticipated and substantial change in circumstances justifying the requested modification.  

I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951  

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Dan Bachert


I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.


Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.

Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI

Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law

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