Form 12.905(b) at a glance
What it is: Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support (11/15), is used when asking the court to change a current court-ordered child support obligation.[2]
Who signs: After completing this form, you should sign the form before a notary public or deputy clerk.[2]
Where and when to file: You should file this form in the county where the original order was entered.[2]
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.[2]
What to bring and attach to Form 12.905(b)
With this form, you must also file the following: Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).[2]
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; file a Settlement Agreement, if you have reached an agreement on any or all of the issues.[2]
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.[2]
A filled-in Form 12.905(b) example: a parent asks to lower monthly child support
How to fill out Form 12.905(b), box by box
Judicial Circuit, County, Case No., Division and your full legal name
Fill in the Judicial Circuit, the County, the Case No. and the Division, and the names of the Petitioner and the Respondent; after I, write your full legal name.[2]
Box 1, the final judgment
The parties to this action were granted a final judgment of dissolution of marriage, of paternity, for support unconnected with a dissolution of marriage, or Other [describe]; mark one and write the date.
A copy of the final judgment and any modification(s) is attached.[2]
Box 2, the present child support
Fill in the Paragraph(s), mark final judgment or most recent modification thereof, which establishes the present child support at $, and mark every week, other week or month, beginning on the date.[2]
Box 3, the change in circumstances
Since the final judgment or most recent modification thereof, there has been a substantial change in circumstances, requiring a modification in child support; explain this change in circumstance.[2]
Box 4, modify child support
Explain how you ask the Court to modify child support.[2]
Box 5, the best interests of the child(ren)
After because:, explain why this change is in the best interests of the child(ren).[2]
Boxes 6, 7 and 8, the Financial Affidavit, Social Security Number and Worksheet
A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), is filed, or will be filed; mark which.
If not previously filed in this case, a completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), is filed.
A Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be, filed; mark which.[2]
Box 9, Other
Box 9, Other: write on the lines.[2]
Signature of Petitioner, STATE OF FLORIDA COUNTY OF and the NOTARY PUBLIC or DEPUTY CLERK
You are swearing or affirming under oath to the truthfulness of the claims made in this petition, and the punishment for knowingly making a false statement includes fines and/or imprisonment.
Write the date after Dated and sign at Signature of Petitioner; the notary public or deputy clerk signs, prints the commissioned name, and marks Personally known or Produced identification with the Type of identification produced. If a nonlawyer helped you fill out this form, he or she must fill in the blanks.
If a nonlawyer helps you fill out these forms
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.
Fill in the name of individual, name of business, address, city, state, zip code and telephone number.[2]
More rules for Form 12.905(b)
This form should be typed or printed in black ink.[2]
After you file and other situations
You and the respondent reached an 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. Both parties must sign the Settlement Agreement before a notary public or deputy clerk.[2]
Notify the other party, personal service and constructive service
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.
If personal service is used, the other party has 20 days to answer after being served with your supplemental petition.
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.[2]
Common questions about Form 12.905(b)
Is there a deadline?
The Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932, 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.[2]
Where do I file it?
You should file the original with the clerk of the circuit court and keep a copy for your records. 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.[2]
Are there fees?
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.[2]
Where to get help with Form 12.905(b)
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.[2]
Sources
[1] Florida Supreme Court Approved Family Law Form 12.905(b), Supplemental Petition for Modification of Child Support (11/15), Florida Supreme Court (the Official source link on this page).