Pinecrest Post-Judgment Modification Lawyer

The orders in your divorce decree were likely effective and appropriate at the time of your separation. But life moves on, things change, and aspects of your settlement might not work anymore. This is where a dedicated family attorney can come into play.

The law allows you to modify many aspects of your divorce orders, subject to some limitations. Consult a Pinecrest post-judgment modification lawyer for help making the changes you need.

Some Orders Cannot Be Modified

When a Judge issues a divorce decree, it includes orders about property division. The spouses must divide their property according to the court’s order and they cannot ask the Judge to modify it. The only exception is if one party committed fraud on the other, but even in that situation, it is not certain a court would revisit the matter. A Pinecrest attorney can review the circumstances and determine whether attempting a post-judgment property division order is advisable.

Alimony, called spousal support, is sometimes paid in a lump sum. In these cases, neither party can ask to change the alimony after the amount ordered has been paid. In addition, bridge-the-gap alimony orders cannot be modified. When a party did not ask for alimony during the divorce proceedings, or they asked but the Judge did not grant it, the party cannot request it once the divorce is final.

Moreover, a party can request the court to change the order when alimony is made in periodic payments. Similarly, parents can request changes to any aspect of the parenting plan, such as timesharing, parental responsibility, or child support.

There Must Be a Substantial Change to Justify Modification

Courts expect parties to adhere to their orders, even if they are not the preferred outcome. In the same way, parties cannot ask a court to modify an order without good reason.

The specific reasons a party must cite to justify a modification request will differ depending on the order. Someone seeking to modify an aspect of their divorce orders should consult a Pinecrest lawyer to determine the legal options available. Even when both parties agree to a change, they must request a modification from the court and follow the current order until the Judge issues a new one.

Timesharing and Parental Responsibility

Florida Statute § 61.13(2)(c) requires parents to demonstrate a substantial change in circumstances when they wish to modify the parenting plan’s timesharing or parental responsibility aspects. Some examples of substantial changes include:

• A serious health condition affecting one of the parents or children;
• Children’s extracurricular activities interfering with parenting time;
• A disaster at one parent’s home, such as severe hurricane damage or a fire;
• Development of behavioral issues or special needs that one parent is better equipped to manage than the other.

A parent’s relocation from the local area can also require changing the parenting plan. When they wish to bring the children with them, they must have the other parent’s consent and the court’s permission. A Judge must approve any change to the parenting plan and will not grant a modification unless the requesting parent can show it supports the children’s best interests.

Child Support

Child support payments are calculated using a formula. Parents can request the Florida Department of Revenue to review their child support payment every three years using updated income information from both guardians. If the formula provides an amount that differs by 10 percent or at least $25 per month, the department can initiate a change in the payment.

When the child support order has been in effect for less than three years, the requesting parent must show a substantial change in circumstances when requesting a modification, which can be a parent or child developing a disability, an involuntary job loss, or a substantial windfall. Running the parents’ current information through the formula would produce a change of 15 percent and at least $50 per month, and the department would approve the change.

When child support is court-ordered and the department approves a modification, it initiates a court proceeding. Parents must abide by the child support order in place until the Judge issues a new one. A post-judgment modification lawyer in Pinecrest can provide more information on child support-related inquiries.

Alimony

A party who wishes to modify an alimony payment must demonstrate that a change is justified or circumstances require it. The recipient’s remarriage or cohabitation with a partner who provides financial spousal support can terminate the alimony obligation. Other possible reasons to modify alimony include disability, retirement, or health problems.

Consult a Pinecrest Attorney About Divorce Order Modification Today

Divorce orders govern some of life’s most essential and personal aspects. When they no longer work for you, a Pinecrest post-judgment modification lawyer can help you change them.

When life events require modifying a divorce order, contact an attorney at The Florida Probate and Family Law Firm. We are happy to schedule a free case evaluation and discuss your legal options.