What "contesting" child support means and where to start

Contesting child support means asking a Florida court to change or cancel a support order that already exists. You do this by filing a motion in the same court that issued the original order. In Orange County, that is the Orange County Circuit Court, Family Law Division. You cannot simply stop paying or refuse to follow the order — the court must approve any change.

The reason you want to contest matters legally. If you are asking for a lower amount because your income dropped, that is a modification. If you believe the original order was calculated wrong or based on false information, that is a challenge to the order itself. If you want to contest custody or visitation at the same time, you file one motion that addresses all three. The court handles them together.

You start by filing a motion in the same case number as your original order. You will need that case number — it appears on your child support order document. If you do not have it, call the Orange County Clerk of Court at 407-836-2000 and give them your name and your child's mother's or father's name. They will look up the case number in minutes.

Key Takeaways

  • You must file a motion in Orange County Circuit Court using your original case number; you cannot simply stop paying or negotiate directly with the other parent.
  • The most common reason to contest is a change in income, but the court will only lower support if your income dropped by at least 10 percent or circumstances changed substantially.
  • You need to file a Financial Affidavit (Form 12.902(b) or (c)) showing your current income, expenses, and assets, along with your motion.
  • The other parent will receive a copy of your motion and can respond; the court will schedule a hearing where both of you present evidence.
  • If you cannot afford a lawyer, you can ask the court to appoint one, but Orange County rarely does so in child support cases unless you meet strict poverty guidelines.

Reasons the court will consider changing a support order

Florida law allows you to contest child support if there has been a substantial and material change in circumstances since the order was entered. The court does not change orders on a whim. You need a real reason, and you need to prove it with documents.

The most common reasons are: you lost your job or had your hours cut; you became disabled and cannot work; your income dropped significantly; the other parent's income increased; custody changed (the parent with the child more of the time usually pays less); or the cost of health insurance or daycare changed. A small raise or a few months of lower pay usually does not count. The court looks for changes of at least 10 percent in either parent's income, or changes that will last more than three months.

You cannot contest an order simply because you think it is unfair or because you want to pay less. You cannot use a voluntary job change — if you quit a job to earn less, the court will "impute" (assign) you the income you were making before. The same rule applies if you are underemployed. If you are capable of earning $50,000 a year but choose to work part-time for $25,000, the court may order you to pay based on the $50,000 figure.

Documents you must file and gather

Start by obtaining a blank Motion to Modify Child Support from the Orange County Clerk of Court website (orangeclerk.org) or by calling 407-836-2000. You can also find it through the Florida Supreme Court's website under "Family Law Forms." The motion is a short document — usually one to two pages — that states what you want changed and why.

Along with the motion, you must file a Financial Affidavit. Use Form 12.902(b) if you earn less than $50,000 a year, or Form 12.902(c) if you earn more. This form lists every source of income, every monthly expense, and all assets and debts. You must be honest and complete. The court will compare your affidavit to the other parent's, and if numbers do not match your tax returns or bank statements, the judge will notice.

Gather these documents before you file: your last two years of tax returns; recent pay stubs (last 30 days); a letter from your employer stating your current salary and whether your position is permanent; bank statements showing your current balance; proof of any child support you pay for other children; proof of health insurance costs; and proof of any change in circumstances (a termination letter, a disability information, a medical report, a custody change order). If the other parent's income increased, bring proof of that too — you can request their recent tax returns and pay stubs through the court process, but having them ready speeds things up.

How to file your motion in Orange County

You can file in person at the Orange County Clerk of Court, Family Law Division, located at 425 North Orange Avenue, Orlando, FL 32801. Hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. You can also file by mail or through the clerk's e-filing system if you register online at orangeclerk.org.

When you file, bring or send the original motion, the Financial Affidavit, and copies of all supporting documents. The clerk will stamp everything with the case number and filing date. You will pay a filing fee — currently around $300 to $400 in Orange County, though this varies. If you cannot afford the fee, you can ask the court to waive it by filing a Motion to Waive Court Costs. Ask the clerk for that form when you arrive.

After you file, you must serve (deliver) a copy of everything to the other parent or their lawyer within five days. You can do this by mail, email (if they have agreed to e-service), or in person. Keep proof that you served them — a signed receipt, an email read receipt, or a certificate of service. File that proof with the court. If you do not serve the other parent, the court will not move forward.

What happens after you file

Once the court receives your motion, the clerk will send a notice to both you and the other parent with a hearing date. In Orange County, this usually happens within 30 to 60 days, though it can take longer if the court is backed up. The notice will tell you the date, time, and location of the hearing — usually a courtroom in the Orange County Courthouse downtown.

Before the hearing, the other parent has the right to file a response. They might agree with you, disagree, or file their own motion to change support. If they disagree, they will file their own Financial Affidavit and documents showing why the order should not change. You will receive a copy of their response.

Some cases go to mediation before the hearing. A mediator is a neutral person who meets with both parents separately and tries to help you reach an agreement. Mediation is not required in Orange County for child support modifications, but the judge may order it. If you reach an agreement in mediation, you sign a settlement, the judge approves it, and you avoid a trial. If you do not agree, you go to the hearing.

What to expect at the hearing

At the hearing, you and the other parent will present evidence to a judge or a family law magistrate (a court officer who handles family cases). Bring all your documents — tax returns, pay stubs, proof of job loss, medical records, anything that supports your reason for contesting. Bring originals and copies.

You will swear to tell the truth, then explain your situation to the judge. The other parent will do the same. The judge will ask questions. You do not need a lawyer to do this, but having one helps — a lawyer knows how to present evidence, what questions to ask, and how to respond to the other parent's claims. If you cannot afford a lawyer, you can ask the court to appoint one, but Orange County rarely does so in child support cases. You may may have access to for a court-appointed lawyer only if your income is below the federal poverty line and you meet other strict requirements. Ask the clerk about this when you file.

The judge will then decide whether circumstances have changed enough to modify the order. If yes, the judge will calculate a new support amount using Florida's child support guidelines, which are based on both parents' incomes, custody time, and other factors. The new order will be entered in writing, and you will receive a copy. You must follow the new order immediately.

If you cannot afford a lawyer

Orange County has a few low-cost or free legal resources. The Legal Aid Society of the Orange County Bar Association offers free or reduced-cost help to people below certain income limits. Call them at 407-841-8686 to see if you may have access to. They handle child support cases.

You can also contact the Orange County Clerk of Court's Self-Help Center at 407-836-2000. They cannot give you legal advice, but they can explain the forms, the filing process, and what to expect. Some community colleges and nonprofits in Orange County offer free legal clinics on family law — call 211 (a free helpline) to find one near you.

If you represent yourself, read the Florida Family Law Rules of Procedure (available free online) and the child support guidelines statute (Florida Statute 61.30). Both are dense, but they explain exactly what the court looks for. The Orange County Clerk's website also has plain-language guides to family law forms.

Frequently Asked Questions

Can I stop paying child support while my motion is pending?

No. You must keep paying the current amount until the court enters a new order. If you stop paying, the other parent can file for contempt of court, and you could face fines or jail time. If you cannot afford the current amount, file the motion immediately — the sooner you file, the sooner the court can change it. Some judges will order retroactive (back) support adjustments if circumstances changed before you filed.

How long does it take to get a decision?

From filing to hearing usually takes 30 to 90 days in Orange County, depending on how busy the court is. The judge may rule from the bench (immediately after the hearing) or take time to write a decision, which can add another two to four weeks. Once the order is entered, it takes effect right away.

What if the other parent does not show up to the hearing?

If the other parent does not appear and did not file a response, the judge may grant your motion by default. However, the judge still has to find that circumstances changed and that the new amount is fair under Florida law. You will still need to present your evidence and explain your situation.

Can I contest the order if I was not married to the other parent?

Yes. The process is the same whether you were married or not. The case number and court location are the same. If there is no existing custody order, you may need to establish paternity first, but the clerk can tell you whether that step is necessary in your case.

What if I owe back child support and I want to modify going forward?

You can file a motion to modify future support, but that does not erase what you owe. The court will address both: the amount you owe (arrears) and the new monthly amount going forward. If you cannot pay the arrears in full, you can ask the judge to set up a payment plan. Bring documentation of what you owe and what you can afford to pay each month.