Modification in Family Law

Final judgments are just as they sound – but sometimes significant factors in the case change, and these changes can call into question the appropriateness or implementation of a decision. The court may grant modifications to child visitation, parenting plans, child support, and sometimes alimony, but only if you have experienced a substantial and permanent change in circumstances. A judge will also consider if the requested modification is in the best interest of the child.

A parent can file for the modification of a child support order at any time there is a substantial change in circumstances. These substantial changes could result from:

  • Change in income – upward or downward if the result is a 15% change in the amount of child support
  • Change in parenting time – change in the number of overnights
  • Change in expenses- including daycare, alimony, other child support orders, taxes, health insurance for a child, health insurance for a parent if there is a drastic change
  • Adding or removing a child from the order
  • Extending the time support needs to be paid
  • Removing or adding medical support from the order

Modifying Parenting Plans

Not every change must be processed through a post-judgment modification; post-judgment issues can often be worked out through mediation or alternative methods of reaching a viable resolution. When it’s necessary to modify parenting plans, to make modifications to child visitation, time-sharing arrangements, or financial agreements that are part of a permanent, binding judgment, it’s important to have experience and expertise on your side.

Procedure for Modification in Family Law

The individual requesting a modification needs to file a Supplemental Petition to Modify Child Support. This form is used when you are asking the court to change a current court-ordered child support obligation. This is then served on the other spouse. Financial disclosure is required from both sides.

Each county is slightly different with its procedures. It helps to have expert legal counsel before and during the modification process. A child support attorney can offer advice and answer questions regarding the entire process.

Modification of Alimony

If alimony was awarded in the original judgment, it can generally be modified according to the specific type of alimony awarded. Some conditions must be met. Substantial changes in income may affect either party, whether in the ability to pay the original amount or in the recipient’s no longer need for the support.

The process involves qualifying for a modification, and there are extensive financial disclosure requirements. It may very well be worth consulting with an experienced family law attorney to help advise you of your options and how to move forward.

Hunter Law is Here to Help the Greater Tampa Bay Area

Hunter Law will help you consider all your options in proceeding with a post-judgment modification and find the most effective path to achieving the right result. Whether the best way forward is mediation and mutual agreement or a court challenge, Hunter Law will provide its full support.

If you need legal assistance with the modification of a child support plan in Florida, Hunter Law is here to help you. Contact us to schedule a legal consultation with Hunter Law

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