Orlando Modifications Attorney
A divorce decree finalizes the elements of a divorce. Some of these elements may include property division, debts, alimony, child custody, and child support.
However, the decisions set forth in the decree may not necessarily be set in stone. Even though your divorce seems final, you may be able to change certain aspects of your divorce decree in Florida. When you experience life-changing events, it may be necessary to request a modification.
Modifications can change your support order, allowing you to get more custody of a child or pay less money in child support or alimony. If you are facing financial issues, you cannot simply ignore your court order. This can cause you to get charged with contempt of court, which can result in serious penalties. You must have a modification in case to avoid punishment.
Have you recently experienced an extreme change in life circumstances? Orlando modifications attorney Steve W. Marsee, P.A. Attorney at Law can help you get the best outcome possible for your situation.
Reasons for Post-Divorce Modification
A post-divorce modification requires that you can prove a substantial change in circumstances since the divorce. Under Florida law, you would have to show that you experienced a permanent and material change that you could not foresee at the time of the divorce. Some examples of events that might qualify include:
- A substantial change in income (usually 15% or more)
- Remarriage of a spouse receiving alimony
- Log-distance relocation of one parent
- Substantial increase in health insurance or other healthcare costs
The Process
The best way to get a modification in Florida for alimony, child custody, or child support is to work with the other party to negotiate a new agreement. This is the quickest way to go about it, but for some couples, it is not always possible.
If you cannot come to an agreement, you will need to work with your lawyer to file a petition for modification, which is like a lawsuit. You will need to serve the other party with the petition and then wait 20 days for a response. After that, there is a period of discovery. Next, you will attend mediation to try to settle the matter. If not, then the next step is a court hearing. The judge will look at all the evidence and then make a decision.
There are often long delays involved if the case has to go to hearing. However, it is also possible that the judge will approve the modification, allowing for retroactive payments.
Contact Us Today
Life does not always stay the same. Sometimes circumstances are so extreme that modifications are necessary.
Orlando modifications attorney Steve W. Marsee, P.A. Attorney at Law can assess your situation and determine if a modification is in your best interest. Get an agreement done the right way. Don’t try to work things out outside of court with your ex, as this can have negative consequences down the line. To schedule a consultation with our office, fill out the online form or call 407-521-7171.
