Tampa Bay Divorce & Family Law Modification Attorneys
Divorce Modifications – In Florida, once parties are divorced either party can seek a post divorce modification. Before doing so, you are required to prove that there has been a substantial, permanent and unexpected change in circumstances. Florida Statutes specifies that when modifying a post judgement order, the change must be material in nature and unanticipated at the time of your divorce.
What Constitutes a Substantial and Material Change of Circumstances in Florida Family Law?
Divorcees as well as unmarried parents who have established legal paternity, timesharing and support may be able to get the courts to modify the terms of the final order. These can include but are not limited to the following:
What Types of Circumstances or Events May Warrant a Post Judgement Modification
- A substantial change in income or in the ability to make payments (Example 15% – 20%, health issues, involuntary loss of employment may be considered)
- An unavoidable increase in health insurance or other healthcare costs for children or parents
- Moving a substantial distance away since the last order
- Remarriage or cohabitation of a spouse that is receiving alimony
- Unexpected or involuntary change in the amount of timesharing
- Change in child’s needs
- Change in fewer or more children who need support since last order* Every situation is unique and there may be other reasons that could warrant an alimony modification, or a modification of timesharing, custody or support. If you’re wishing to relocate in excess of 50 miles from the address listed on your current order and need to modify your parenting plan to reflect a long distance parenting plan, please read: Parental Relocation with a Minor Child
There are ways to modify family law orders in Florida such as alimony, child support and child custody. One way is to file a petition for modification or you can modify by mutual agreement before you file your request. Having sound legal counsel to guide, advise and represent you in any family law modification in Tampa Bay will be highly beneficial. It is important to note that in Florida, a judge does have the right to supersede any modification agreements if they feel that such an agreement would be unfair. However, if both parties can agree to a modification of alimony, modified timesharing, custody or child support, it can limit the conflict and legal costs.
Nilo J Sanchez & Associates are seasoned Tampa Bay Family Law Attorneys. We take pride in being respected family law and divorce negotiators by both our clients and industry peers alike. Although, agreeing to a modification of alimony, child support, custody or parenting plan can be advantageous, it can take time. But, if negotiations fail and you cannot agree, you’ll want an experienced family law litigation attorney beside you.
Reach out to Nilo J Sanchez & Associates Family Law & Divorce Attorneys Tampa, FL
To schedule an affordable family law consultation with a Tampa Bay family law attorney or for immediate help with pressing matters such as filing post judgement emergency motions in Pinellas, Hillsborough or Pasco County, Florida, please call our law firm at (813) 879-4600 or send us a secure message below. Zoom, in-person and telephonic consultations are available for your convenience.