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 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 number of overnights
- Change in expenses- including day care, alimony, other child support orders, taxes, health insurance for child, health insurance for 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 their procedures. It helps to have expert legal counsel before and during the modification process. A child support attorney can offer advise 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 that was awarded. There are conditions that must be met. Substantial changes in income may affect either party, whether in ability to pay the original amount or the recipient may no longer need the support.
The process involves qualifying for a modification. 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 deliver the right result. Whether the best way forward is mediation and mutual agreement or a court challenge, Hunter Law will deliver their full support.
If you are in need of legal assistance with the modification of a child support plan in Florida, the Hunter Law is here to help you. Contact us to schedule a legal consultation with Hunter Law