Seeking Modifications Of Existing Court Orders In Florida
Circumstances can easily change, especially as divorcing couples begin new lives after their divorce. At Julie Beth Jouben, P.A., in Clearwater, our family law attorney helps clients in Tampa Bay and throughout Florida with their legal challenges. If your circumstances have changed and you need to ask the court for a modification of your decree or an existing court order, we can help.
When Can You Ask The Court For A Modification?
The final judgment in your divorce contains provisions regarding time sharing, parental responsibility, child support or alimony based upon the facts in front of the court at the time it was entered. However, our lives change over time. What was appropriate then may not be appropriate now. You may be able to modify the provisions of your divorce decree if there has been a substantial change in circumstances.
Modifying Child Custody, Time Sharing And Parental Responsibilities
Co-parenting can be difficult. Plans that were put in place in the divorce may no longer be appropriate several years later. As the children grow, they will have different needs, and the parents’ ability to care for the children and meet their needs may change as well. One parent may wish to relocate for a new job or to be closer to extended family. The parents’ work schedules may change and a change in the time-sharing schedule may be necessary to accommodate the changes. When circumstances change, sometimes those changes will require the modification of a child custody order to redefine parenting time and parental responsibilities.
Seeking A Modification Of Child Support
Child support is calculated using the parties’ incomes at the time the final judgment is entered. It is a mathematical formula and, when the numbers change significantly, the parties can ask the court for a modification.
For example, when paying parents lose their jobs or have to take a lower paying job, it may be grounds for that parent to petition the court to modify child support. On the other hand, if a paying parent gets a higher paying job, the receiving parent may be able to modify child support upward. Other factors beyond the parents’ income that may change are the cost of child care and the cost of the child’s health insurance.
Seeking A Change In Spousal Support
When awarding spousal support, the court analyzes the receiving spouse’s need for alimony and the paying spouse’s ability to pay. If there is a significant change in need or ability to pay after the divorce, a modification may be warranted.
Typical examples of life changes that support a modification of alimony include:
- Changes in the income of the payor or payee spouse
- The retirement of the payor spouse
- A change in the health of one of the parties
- A new relationship
If the receiving spouse becomes involved in a supportive relationship, that may also be grounds for an alimony modification. Not every change is substantial enough to support a change to the support payments awarded in the final judgment. The change must be significant, material, permanent, involuntary and unanticipated. It can be extremely difficult to meet this burden. Before filing for a modification of a divorce decree with the court, you should meet with an experienced marital law attorney to analyze the facts in your case.
Consult A Florida Modifications Lawyer Today
Our experienced Clearwater divorce lawyer, Julie Beth Jouben, P.A., can help you determine if your circumstances make you eligible to file for a modification. Call 727-614-0070 or send us a message to schedule a consultation.
