Form 12.905(B) "Supplemental Petition for Modification of Child Support" - Florida

What Is Form 12.905(B)?

This is a legal form that was released by the Florida Courts - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on November 1, 2015;
  • The latest edition provided by the Florida Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form 12.905(B) by clicking the link below or browse more documents and templates provided by the Florida Courts.

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Download Form 12.905(B) "Supplemental Petition for Modification of Child Support" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.905(b)
SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT
(11/15)
When should this form be used?
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 or judgment 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.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should file this form in the county where the original order
was entered. If the order was entered in another state, or if the child(ren) live(s) in another state, you
should speak with an attorney about where to file this form. You should file the original with the clerk of
the circuit court and keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
What should I do next?
For your case to proceed, you must properly notify the other party in your case of the supplemental
petition. If you know where he or she lives, you should use personal service. If you absolutely do not
know where he or she lives, you may use constructive service. You may also be able to use constructive
service if the other party resides in another state or country. However, if constructive service is used,
other than granting a divorce, the court may only grant limited relief. For more information on
constructive service, see Notice of Action for Family Cases with Minor Child(ren), Florida Supreme
Court Approved Family Law Form 12.913(a)(2), and Affidavit of Diligent Search and Inquiry, Florida
Family Law Rules of Procedure Form 12.913(b). If the other party is in the military service of the United
States, additional steps for service may be required. See, for example, Memorandum for Certificate of
Military Service, Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding
constructive service and service on an individual in the military service is very complex and you may
wish to consult an attorney regarding these issues.
If personal service is used, the other party has 20 days to answer after being served with your
supplemental petition. Your case will then generally proceed in one of the following three ways:
Instructions for Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for
Modification of Child Support (11/15)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.905(b)
SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT
(11/15)
When should this form be used?
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 or judgment 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.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should file this form in the county where the original order
was entered. If the order was entered in another state, or if the child(ren) live(s) in another state, you
should speak with an attorney about where to file this form. You should file the original with the clerk of
the circuit court and keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
What should I do next?
For your case to proceed, you must properly notify the other party in your case of the supplemental
petition. If you know where he or she lives, you should use personal service. If you absolutely do not
know where he or she lives, you may use constructive service. You may also be able to use constructive
service if the other party resides in another state or country. However, if constructive service is used,
other than granting a divorce, the court may only grant limited relief. For more information on
constructive service, see Notice of Action for Family Cases with Minor Child(ren), Florida Supreme
Court Approved Family Law Form 12.913(a)(2), and Affidavit of Diligent Search and Inquiry, Florida
Family Law Rules of Procedure Form 12.913(b). If the other party is in the military service of the United
States, additional steps for service may be required. See, for example, Memorandum for Certificate of
Military Service, Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding
constructive service and service on an individual in the military service is very complex and you may
wish to consult an attorney regarding these issues.
If personal service is used, the other party has 20 days to answer after being served with your
supplemental petition. Your case will then generally proceed in one of the following three ways:
Instructions for Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for
Modification of Child Support (11/15)
DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida
Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all
of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final
hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida
Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
UNCONTESTED... If the respondent files an answer that agrees with everything in your supplemental
petition or an answer and waiver, and you have complied with mandatory disclosure and filed all of the
required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing.
You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme
Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
CONTESTED... If the respondent files an answer or an answer and counterpetition, which disagrees
with or denies anything in your supplemental petition, and you are unable to settle the disputed issues,
you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you
have complied with mandatory disclosure and filed all of the required papers. Some circuits may require
the completion of mediation before a final hearing may be set. Then you should contact the clerk, family
law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). If
the respondent files an answer and counterpetition, you should answer the counterpetition within 20
days using an Answer to Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in “bold underline” in these instructions are defined
there. For further information, see chapter 61, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving pleadings
by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of
Judicial Administration 2.516. You may find this rule at
www.flcourts.org
through the link to the Rules of
Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the
A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears. Please
Instructions for Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for
Modification of Child Support (11/15)
CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court
Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Special notes...
If you do not have the money to pay the filing fee, you may obtain an Application for Determination of
Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to
have filing fees deferred.
With this form, you must also file the following:
Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form
12.902(e). (If you do not know the other party’s income, you may file this worksheet
after his or her financial affidavit has been served on you.)
Settlement Agreement, if you have reached an agreement on any or all of the issues.
Although there is no form for this in these Florida Family Law Forms, you may construct
a settlement agreement using the pertinent sections contained in Marital Settlement
Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida
Supreme Court Approved Family Law Form 12.902(f)(1).
Notice of Social Security Number, Florida Supreme Court Approved Family Law Form
12.902(j), if not previously filed.
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or
(c). Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of
Procedure Form 12.932. (This must be filed within 45 days of service of the
supplemental petition on the respondent, if not filed at the time of the supplemental
petition, unless you and the other party have agreed not to exchange these documents.)
Child Support... The court may order one parent to pay child support to assist the other parent in
meeting the child(ren)’s material needs. Both parents are required to provide financial support, but
one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent.
Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines
are based on the combined income of both parents and take into account the financial contributions of
both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure
Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial
affidavits, you should be able to calculate the amount of child support that should be paid using the
Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because
the child support guidelines take several factors into consideration, change over time, and vary from
state to state, your child support obligation may be more or less than that of other people in seemingly
similar situations.
Temporary Relief... If you need temporary relief regarding child support, you may file a Motion for
Temporary Support and Time-Sharing with Dependent or Minor Child(ren), Florida Supreme Court
Approved Family Law Form 12.947(a). For more information, see the instructions for that form.
Settlement Agreement... If you and the respondent are able to reach an agreement on any or all of the
issues, you should file a Settlement Agreement. Although there is no form for this in these Florida
Family Law Forms, you may construct a settlement agreement using the pertinent sections contained in
Instructions for Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for
Modification of Child Support (11/15)
Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren),
Florida Supreme Court Approved Family Law Form 12.902(f)(1). Both parties must sign this agreement
before a notary public or deputy clerk. Any issues on which you are unable to agree will be considered
contested and settled by the judge at the final hearing.
Final Judgment Form... These family law forms contain a Supplemental Final Judgment Modifying
Child Support, Florida Supreme Court Approved Family Law Form 12.993(b), which the judge may use.
You should check with the clerk, family law intake staff, or judicial assistant to see if you need to bring it
with you to the hearing. If so, you should type or print the heading, including the circuit, county, case
number, division, and the parties’ names, and leave the rest blank for the judge to complete at your
hearing or trial.
Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps
you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida
Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill
out these forms also must put his or her name, address, and telephone number on the bottom of the
last page of every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for
Modification of Child Support (11/15)
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT,
IN AND FOR
COUNTY, FLORIDA
Case No.:
Division:
,
Petitioner,
and
,
Respondent.
SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT
I, {full legal name}
, being sworn, certify that the
following information is true:
1. The parties to this action were granted a final judgment _____ of dissolution of marriage _____
of paternity _____ for support unconnected with a dissolution of marriage _____ Other
[describe] ________________________________on {date} ____________________________.
A copy of the final judgment and any modification(s) is attached.
2. Paragraph(s)
of the _____ final judgment or _____ most recent modification
thereof establishes the present child support at $
every _____week _____other
week _____ month, beginning on {date}
_________________.
3. Since the final judgment or most recent modification thereof, there has been a substantial
change in circumstances, requiring a modification in child support. This change in circumstance
is as follows: {explain} ____________________________________________________________
.
4. I ask the Court to modify child support as follows: {explain} ______________________________
.
Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child
Support (11/15)