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When a parent relocates after a divorce or child custody order, it can significantly impact child support calculations and other aspects of the parenting plan. Florida law outlines strict rules regarding relocation and its potential impact on financial obligations, such as child support. At Orlando Family Team, we understand how important it is to ensure child support arrangements remain fair and legally compliant, even after a move.
Florida’s Relocation Laws: What Qualifies?
Under Florida Statute § 61.13001, relocation is defined as a move of 50 miles or more from a parent’s principal residence for at least 60 consecutive days, not including temporary absences for vacations, education, or health care. A relocating parent must either:
- Obtain written consent from the other parent (and anyone entitled to timesharing), or
- File a Petition to Relocate with a Child, which may trigger a court hearing if contested.
Failure to follow this process can result in legal penalties, including potential changes to custody or visitation rights.
How Relocation Affects Child Support in Florida
Transportation Costs
Relocation often increases the cost of facilitating parenting time. Whether by plane, car, or other means, courts may adjust child support to reflect new transportation expenses. The court can:
- Allocate travel costs to the relocating parent
- Split the costs equitably
- Offset them through child support adjustments
The decision will depend on the reasons for the move, the financial situations of both parents, and the best interest of the child.
Parenting Time Changes
Relocation can affect the established timesharing schedule, especially if one parent now lives significantly farther away. Fewer overnights with the noncustodial parent may increase their child support obligation, as Florida’s child support guidelines are partially based on the number of overnights each parent has with the child.
Conversely, if the relocating parent loses parenting time, their obligation might decrease depending on the revised timesharing arrangement.
Cost of Living Adjustments
Relocation can result in one or both parents living in areas with higher or lower costs of living. While Florida child support laws do not explicitly adjust support based on cost-of-living differences, courts may consider this when a parent demonstrates a change in financial circumstances due to relocation.
If the move significantly affects a parent’s ability to meet their support obligations or their ability to provide for the child during visitation, a modification may be warranted.
Requesting a Modification of Child Support After Relocation
Relocation alone does not automatically modify child support. A formal request must be made through the court. You’ll need to file a Supplemental Petition to Modify Child Support, demonstrating that the move resulted in a substantial, material, and unanticipated change in circumstances.
Key Documentation for a Modification Request
To support a modification, gather:
- Updated income documentation for both parents (pay stubs, tax returns, etc.)
- New parenting time schedules showing overnights
- Proof of increased transportation costs (e.g., airfare receipts, mileage logs)
- Documentation of changes in expenses related to the child (e.g., childcare, health insurance)
- Evidence of any changes in the cost of living, if relevant to the case
Working with an experienced family law attorney helps ensure that your modification request is supported with the correct documentation and legal arguments.
Best Interests of the Child Remain the Priority
As with any decision in Florida family court, the best interests of the child remain the court’s top priority. Even if a relocation is legally permissible, the court may deny modifications or proposed changes if they do not promote the child’s welfare. Judges will consider:
- The reasons for the move
- The impact on the child’s relationship with both parents
- The feasibility of maintaining meaningful contact with the non-relocating parent
- Whether the move improves the child’s quality of life
Get Legal Help Before You Move
Whether you are planning to relocate or your co-parent has already moved, it’s important to consult an attorney as soon as possible. Failing to address relocation properly can affect your parental rights and financial obligations.
Orlando Family Team Is Here to Help
At Orlando Family Team, we help parents across Florida navigate the complex issues of relocation and child support modifications. If you are considering a move or need to adjust your child support order due to a relocation, our experienced family law attorneys are ready to advocate for you and your child’s best interests. Contact us today to schedule your consultation.
