At Adams, Luka, & Benton, our Orlando family law attorneys understand there are often changes in circumstances that warrant modifications of alimony and spousal support, child support or custody, or parental time-sharing agreements. While financial circumstances and child living arrangements often change, one thing is for certain: life situations are not consistent. One parent may have a substantial increase in pay, or circumstances may require that a non-custodial parent take primary custody of the children. There are also instances in which alimony or spousal support may need to be modified. In some cases, ex-spouses or parents of children who were never legally married may have issues that are contentious which requires a change is custodial or visitation rights. There is an infinite amount of possibilities that could warrant a modification of a family law order, which an attorney can use to help get the results you desire.
In Florida, it is possible to have court orders, including those governing alimony payments, child custody and visitation rights, and child support payments, changed by obtaining a post-judgment modification. Regardless of your specific situation, these matters are typically complex, and it is advised that you have a skilled and compassionate family law attorney assess your situation to help guide you through the modification process.
Types of ModificationsAreas of focus for modifications by our central Florida attorneys include:
Alimony Modifications – Alimony, also known as spousal support, is a court order granting payments to one spouse to maintain the standard of living experienced during the marriage. In addition to the standard of living during the marriage, another main consideration by the courts is the employment and income of both spouses during the marriage. Since alimony is established by the court and they calculate how much support is needed by the receiving spouse, a substantial change in circumstances is needed to warrant an alimony modification. This can be anything from an involuntary job loss, a career change, or a change in gross income.
Child Custody and Visitation Modifications – The court will typically not allow modifications for child custody or visitation orders, unless the change is in the best interest of the children involved. Common situations where these modifications are granted include when one parent relocates, and the original order can no longer be feasibly maintained, or if a parent believes their child is in danger with the other parent. Any change in the current situation that would put the child in danger or make the custodial parent unable to commit the necessary time to the child could warrant a modification as well.
Child Support Modifications – Child support payments are used to make sure the child’s basic needs are met, whether these needs are childcare, educational, or essentials, such as clothing and food. The costs of raising a child are shared by both parents, regardless of who maintains primary custody. Therefore, modifications in child support payments require a significant change in income for either the receiving or paying party. For example, the spouse who receives child support may want to have the amount of child support increased when an ex-spouse or the child’s biological parent receives a substantial pay increase or changes careers.
Securing Modification through the Court is EssentialParents will make changes between themselves regarding child support, visitation or time-sharing, or even spousal support. Problems arise when one party denies they agreed to the change. Before making any adjustments to court ordered agreements, it is important that a judge approves any modification. Court approval is essential for any adjustments or changes when it comes to family law matters.
Modifying divorce or child agreements often requires negotiating the terms and drafting a modification which is suitable for all parties involved. While it is always our goal to achieve the desired results as smoothly and quickly as possible, we know that there are times when it takes a bit of aggression to compel the other party to comply with the desired modification. We will work diligently to help you achieve your goals in terms of the modification of orders set by the court.
Contact Adams, Luka, & Benton TodayAs reputable central Florida modifications lawyers, we understand that life is constantly changing, and that situations involving career and children change as well. Life is never a constant. What seemed agreeable at the time you divorced or separated with the biological parent of your children may no longer be in the best interest for you, or your children. We urge you to contact us today for a free consultation at 407-872-0303 or 352-357-4084 when you have questions regarding the terms of an agreement related to family issues, and whether modifications may be made.