Modifications of Support and Parenting Plans/Time Sharing Plans

In the years following a divorce, both spouse's circumstances can change. A change in income, remarriage, retirement, relocation, or change in financial need can necessitate a modification of child support, modification of a parenting plan or time sharing plan, or a modification of alimony. Modifying a judgment or settlement agreement, however, can be complicated. Therefore, having an attorney that is skilled at analyzing post-judgment modification is critical to obtain optimum results. If you wish to modify the amount of child support or alimony that you are currently receiving or paying, or wish to modify an existing parenting plan/time sharing plan due to a substantial change in circumstance, contact Valdes Law Firm, P.A. online or by calling (954)764-7878 to schedule your free initial consultation. Hablamos español.

Modification of Child Support

After a divorce is finalized, child support may be modified by the court from time to time upon the showing by the requesting party that there has been a substantial change in circumstance. Some examples of a substantial change in circumstance include:

  • Unemployment or substantial reduction in salary

  • Substantial increase in income

  • Change in a child’s medical needs

  • Change in a child’s educational needs

  • If there is more than one child for which support is being paid and one of the children becomes emancipated.

To warrant a downward modification of child support, the change in circumstances must be significant, material, involuntary, and permanent. The purpose behind this requirement is in part to ensure that the duty of a parent to provide required court-ordered support is not deliberately avoided.

It is important to seek legal counsel and file a modification petition with the court as soon as you’ve experienced a substantial change in circumstance that may warrant a reduction in child support payments. As each month passes, your child support obligation becomes a vested right for the recipient. In other words, if you become unemployed and you wait six months to hire a lawyer to lower your child support, the court will not apply the child support modification to the date that you lost your job. Instead, the court will apply the modification retroactive to the date that you filed your modification petition with the court.

If you feel that you are experiencing a substantial change in circumstances and need a child support modification, Valdes Law Firm, P.A. can help you. Contact us online or by calling (954)764-7878 to schedule your free initial consultation today.

Modification of Parenting Plans/Time Sharing Plans

After a divorce is finalized, circumstances may change that may lead to the need to modify the parenting plan or the time sharing plan. The modification of a parenting plan or timesharing plan requires a showing of a substantial, material, and unanticipated change of circumstances and a determination that the modification is in the best interests of the child. While it is possible to satisfy this legal standard, a high evidentiary burden must be met.

The complex array of factors that may be relevant when a parent seeks to modify a parenting plan, along with the high evidentiary burden, makes it critical to obtain legal representation from an experienced Florida family law attorney. If you are considering requesting a modification to your parenting plan or time sharing plan, Valdes Law Firm, P.A. can assist you. Contact us online or by calling (954)764-7878 to schedule your free initial consultation today.

Modification of Alimony

After a divorce is finalized, some types of alimony may be modified by the court upon a finding that there has been a substantial change in circumstance, such as unemployment or substantial reduction in salary. However, some alimony is not modifiable. If you signed a settlement agreement agreeing to non-modifiable alimony, you will not be able to change your payments even if a substantial change in circumstance exists. The term of alimony is usually non-modifiable. This means that you may be obligated to pay alimony for the same period of time originally agreed to or ordered, but the court has the ability to modify the amount.

If you are considering a modification of alimony, Valdes Law Firm, P.A. can assist you. Contact us online or by calling (954)764-7878 to schedule your free initial consultation today.

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