Orlando Post-Divorce Issues Lawyer
Assisting Residents of Altamonte Springs & Surrounding Areas with Divorce Modifications
Legal issues can still arise after you have finalized your divorce. While you may want to put your divorce behind you, you should know that sometimes you might have to revisit certain areas to revise matters such as child support, child custody, and spousal support. Circumstances such as relocation, your child maturing, and remarriage are enough to potentially warrant a divorce modification.
Post-divorce issues might include needing to enforce, modify, or terminate a court order – depending on the circumstances involved. Sometimes to secure a safe future for you and your family, you must adapt to life events and circumstances and make a change. If your divorce agreement does not fit well with you and your family’s life anymore, a change is not only considered understandable but vital to the success and wellbeing of everyone involved.
Child Support Modifications
Child support modifications are permitted under Florida law if there has been a significant change in circumstances. This might be a change in income (either an increase or decrease) for either parent, or a need for an increase due to the child’s living arrangement. As children get older, they may require more child support due to factors such as attending a private school.
Changes in expenses may also include:
- Daycare
- Health & dental insurance
- Taxes
- Additional child support orders
Another factor may be a change in parenting time. Florida law will permit a modification petition if it would result in at least a 15% or $50 change (whichever is greater) change in support.
Spousal Support Modifications
Under Florida law, most types of spousal support can be modified or terminated due to an unexpected, involuntary, and/or substantial change in circumstances that impacts the paying spouse’s ability to make payments or the receiving spouse’s need for spousal support.
Some example of a substantial change in circumstances may include but are not limited to the following:
- Health problems
- Increase in income
- Long-term unemployment
- Substantial inheritance
- Retirement
- Remarriage
A judge can modify or terminate spousal support if it is properly requested via a supplemental petition to modify spousal support and granted a final order for modification. If you abruptly stop paying spousal support you could face consequences, such as having your driver’s license suspended, or even spending time in jail time. Therefore, it is imperative for you to file for a modification the moment your circumstances change.
Relocation & Custody Modifications
There are typically three reasons a judge would consider making a modification to a child custody agreement. Either both parents agree to a modification, a final Judgement of Injunction for Protection Against Domestic Violence has been established against a parent, or a substantial change in circumstance has occurred. A judge may grant a child custody modification in the event of a substantial, material, and unforeseeable change in circumstances.
This type of change of circumstance may include but is not limited to the following:
- Age of the child
- Injury
- Illness
- Unfit parent
- Relocation
- Willingness of one parent to support the other parent’s relationship with the child
A judge will also take into consideration whether the modification is in the child’s best interests.
Enforcement Issues
If your ex-spouse has violated your divorce agreement, you can file an enforcement motion with the court. As enforcing a judgement can get complicated and contentious, it is beneficial to hire an experienced attorney for help.
Consult with an Experienced Attorney from Our Firm
If you need help seeking or opposing a post-divorce modification, the first step is to retain the legal services of an experienced and reputable lawyer. Our firm guides clients through the steps of modifying court orders every day, so we are well prepared to assist you with your needs. We will handle the legal logistics and technicalities of your modification so you can focus more on transitioning forward as a family.
Contact our firm online or call us at (407) 934-0597 to book an initial appointment.