Post-divorce, one may be forced to go back to court to modify the final judgment because
life’s circumstances have changed. One parent may want to relocate
with the children out of state. Another parent may want to reduce child
support because of a loss of a job or a serious illness.
Child custody can be challenged if one of the parents is alienating the
affections of the child for the other parent or if the non-residential
parent feels that it is now in the child's best interest to reside
with them. Additionally, a child visitation schedule can be changed through
the modification process.
Florida courts recognize the need for many divorced spouses to change the
terms of their child support and visitation terms for various reasons,
but generally require that a strong showing of changed circumstances be
presented before it grants a motion for modification. Where the request
for modification is based on changes financial circumstances, and the
court will usually need to see a 15 percent change in the ability to make payments.
A change this substantial can be based on upward or downward changes in
income. An increase or decrease in income for either party will offset
the child support equation, thereby increasing or decreasing the child
support obligation. Modifications in child support may also be requested
if there are unavoidable increases or decreases in living expenses, or
other significant changes.
It is common for divorce decrees to be modified on two or three occasions
if children are involved. Divorce decrees which involve alimony are often
modified every few years. Longwell Lawyers assists clients in attempting
to change the terms of their divorce decrees based upon a substantial
change in the client’s circumstances since their divorce decrees
Some of the “changes” that can be made include but are not
Child support: Child support can be increased or decreased.
Custody: Custody of children can also be given to the other parent or be more
equally shared under certain circumstances.
- Visitation: Visitation provisions of a divorce decree can also be modified.
Alimony: Alimony can be reduced, increased or even terminated under certain conditions.
family law attorneys at Longwell Lawyers can represent either the party seeking the modification
or the party resisting it. In either case, we will make sure you have
a firm understanding of your rights and responsibilities under the law.
We can help you achieve your objectives to the fullest extent that the
law will allow.
Contact our Orlando modification lawyers today!