Going through a divorce with a lengthy custody battle can be emotionally difficult. Once you have finalized the disputed issues, you might assume that everything will proceed smoothly according to the plan. However, significant life changes sometimes arise which can cause one or both parties to request a modification to the original post-separation plan.
If you believe you or your ex-partner has experienced a substantial change that calls for changing the original court order, you should meet with a West Miami post-judgment modification lawyer. Our knowledgeable family attorneys can discuss your situation and let you know if you qualify for a modification.
What Could Cause a Modification of the Original Divorce Agreement?
Alimony is financial support that one party must pay their former spouse as part of a court order, based on financial need and the ability to pay. Traditionally, alimony is helpful to stay-at-home parents who put their education and careers on hold to stay home with their children while the co-parent worked. Courts can order one party to pay alimony to their former spouse for a short transitional time or for a lengthy period.
If one spouse gets remarried or either spouse experiences a significant change in financial circumstances, a Judge could order a modification of the original agreement.
A couple might also have substantial assets, including money and property, that they need to figure out how to divide equitably. If they have any debt, a Judge also needs to decide how to split the debt up. Unfortunately, once a Judge issues a final court order, the parties cannot usually modify the allocation of the couple’s assets.
Child Support and Custody
Child support payments are what one parent must make to the custodial parent to pay for their child’s upkeep. Like alimony, child support agreements can be modified. If a parent loses their job, they can request a decrease in their payments due to their financial hardship. Similarly, if the noncustodial parent gets a new job, wins the lottery, or inherits a fortune, the custodial parent could request a modification of the child support payment amount.
Child custody refers to the parenting time agreement. If something significant happens that could have an impact on the child’s well-being, a Judge could order a change in the custody arrangement. West Miami attorneys know how to properly request a post-judgment modification that is a better reflection of the current circumstances.
Reasons Why a Judge Grants a Post-Modification Decree
If a court determines there has been a significant change in circumstances, it might order a post-judgment modification. Some of the most frequently seen situations requiring modifications are:
- One party has experienced a change in their financial situation, such as losing their job, getting a new job, or inheriting some money;
- One party has gotten remarried;
- One parent is relocating to another state, which could make the existing custody arrangement difficult;
- One parent has a serious illness;
- One parent has shown signs of mental illness or addiction to alcohol or drugs, which could put the children’s safety at risk;
- One parent wants more visitation time;
- One party is not following through with their obligations under the existing arrangement.
A person in West Miami who believes one or more of the above situations applies to their or their ex-partner’s life can consult with a post-judgment modification lawyer about how to change the terms of the decree.
Speak with a West Miami Post-Judgment Modification Attorney Today
The Florida Probate & Family Law Firm understands that your life can change after a legal agreement is signed. What seemed like the perfect arrangement at the time might no longer work for you or your children.
If you want to alter something about your divorce decree, a West Miami post-judgment modification lawyer can work closely with you to get you the changes that you need. Talk to our team and set up a free case evaluation.