Modifying Timesharing and Modifying Child Support

If you’re a parent navigating post-divorce life, changes in income or living arrangements might have you wondering whether your child support or timesharing agreement can—or should—be modified. The 2024 case of *Gonzalez v. Calles*, decided by Florida’s Third District Court of Appeal, offers valuable insight into how courts handle these situations.

Case Summary

Alfredo Gonzalez (the Father) and Caridad Calles (the Mother) divorced in 2017. The Father was ordered to pay $331.50 per month in child support. By 2021, the Mother filed for a modification, arguing that the Father’s income had significantly increased, their child’s needs had grown, and that the Father was not following the timesharing schedule. The Father denied these claims and filed his own counter-petition to increase his timesharing to 50/50 and reduce child support accordingly.

At a hearing before a general magistrate, the court determined that the Mother proved a substantial and unexpected change in circumstances, primarily based on the Father’s significantly higher income. As a result, child support was increased to $506.22 per month. The Father’s request for more timesharing was denied, as he did not meet the legal threshold to modify the existing parenting plan.

Legal Takeaways for Florida Parents

This case offers two powerful lessons for divorced or separated parents in Florida:

• Child Support Can Be Modified Based on Income Increases**: Florida courts allow upward modification of child support when a parent’s income increases significantly—even if the child’s needs haven’t changed. In *Gonzalez v. Calles*, the Father’s income more than doubled. That alone was enough to justify an increase under Florida law.
• Changing Timesharing Requires More Than a Better Home**: Even though the Father had remarried and bought a home with a separate bedroom for the child, the court ruled that such improvements were not a ‘substantial, material, and unanticipated’ change. Florida law prioritizes stability for children, and merely improving living conditions doesn’t meet the threshold.  (Note: this case was decided under prior law requiring “unanticipated” as part of the consideration.  This is no longer required.)

What This Case Means for Families in Brevard County

If you live in Melbourne, Rockledge, Titusville, or anywhere in Brevard County, this case is a good reminder to approach child support and parenting plan modifications with the right legal strategy. Courts are looking for real, impactful changes—not just small improvements in your life circumstances. Whether you’re trying to adjust support payments or parenting time, it’s important to gather the right evidence and work with an experienced family law attorney.

Need Marital Legal Guidance?

At Rhoden Law Group, we help parents across Brevard County understand their rights and responsibilities when it comes to child support and timesharing. We’re here to offer practical advice and strong representation—whether you’re seeking a modification or responding to one. Melbourne, Titusville, Palm Bay and the beaches can all benefit from our services.

Call or text our office at 321-549-3162 or use our contact form here on the website. All initial consultations are provided as a courtesy. Let’s talk about how we can support you and your family.