Sanford Modification Lawyer Serving Seminole County

Often times in Sanford, individuals may find themselves wishing they could make a change to their child support, alimony, or custody arrangement after the court made its decision. This change can be due to several factors, such as a change in income, change in what their children need, or simply regrets based on how their case was originally decided. It is important to abide by a court order until the court makes a change to it, as failure to do so could result in being held in contempt and the court acting against you to enforce the order. Here at My Florida Family Attorney, Adams, Luka, & Benton, P.A., our experienced modification attorneys can make the modification process as smooth and stress free as possible. During the free consultation, our modification attorneys can answer your questions and give you an idea of whether grounds exist for a modification in your case, saving you time and money.

To begin the modification process in Sanford, the party that wants to make the modification must first file a Petition for Modification with the court. The petition must then be served on the other party. The other party will be required to file an answer, and a counter petition if needed. If the other party fails to file an answer to the petition, the court may grant the modification without any input from them. For modifications of child support or alimony, each party will need to file a financial affidavit with the court, which shows their income, expenses, assets, and liabilities. If the parties do not agree on the modification, mediation and a court hearing may be necessary. Having to follow the same process that was required in the first case just to accomplish a modification can discourage some people from seeking a modification despite the benefits they may receive from it. Our Sanford modification attorneys at My Florida Family Attorney, Adams, Luka, & Benton, P.A., can handle this process on your behalf, to help you obtain the change you need while saving you from the stress of navigating the court process again.

Child support cannot be modified unless there has been a substantial change in circumstances that is permanent and was not anticipated. The court will not consider a modification that is based on a temporary change in circumstances, is not a significant change, if the change was foreseeable at the time of the original court order, or if a parent has voluntarily reduced their income. The child support guidelines provided by Florida statute that are used to calculate child support based on the parents’ incomes may provide the basis for requesting a child support modification. To request a modification of child support using the child support guidelines as the basis, the requested modification must be a difference of at least 15% or $50, whichever is greater, when child support is recalculated based on the new circumstances.

In Sanford, a modification of child custody must also be based on a substantial, material, and unanticipated change. The court is also required to consider first and foremost whether the modification is in the best interest of the child. When determining the best interest of the child, the court will consider the child’s needs, the parents’ abilities to meet those needs, any physical or mental health conditions of the parents that impact their ability to care for the children, any substance abuse, domestic violence, or child abuse engaged in by either parent, the child’s education, and any other factor the court considers relevant.

Alimony cannot be modified if there was no alimony awarded in the divorce. For example, if the divorce is finalized with no alimony, and one ex-spouse later takes a new job making substantially more money and now has the ability to pay alimony, the other ex-spouse cannot request a modification to get alimony through a modification. To modify alimony, the spouse requesting the modification must show a substantial change in circumstances that is permanent and not voluntary. For example, taking a lower paying job or quitting a job and then requesting a modification to reduce the amount of alimony paid would not be grounds for the court to grant a modification.

For certain types of alimony, it may not be possible to modify the amount or duration. Bridge the gap alimony, a short-term alimony intended to assist a spouse with transitioning after the divorce, cannot be modified in either amount or duration. Rehabilitative alimony is also intended to last a short amount of time to assist a dependent spouse gain the ability to become self-supporting. A rehabilitative plan must be included in the court order when the alimony is originally granted. Rehabilitative alimony may be modified upon a substantial change in circumstances, or the receiving spouse’s completion of or failure to comply with the rehabilitative plan. Durational alimony is court-ordered to last a set period and that period cannot be modified, although the amount to be paid can be modified upon a showing of a substantial change in circumstances. Permanent alimony can be modified, despite its name, upon a substantial change in circumstances or upon the receiving spouse entering a supportive relationship.

Here at My Florida Family Attorney, Adams, Luka, & Benton, P.A., our attorneys will use their experience and dedication to guide you through every step of the modification process to get you the changes that you need. Whether your life circumstances have substantially changed, or you were never happy with the results from you case to begin with for a variety of reasons, our attorneys can help fix an outdated or burdensome court order to put you in a better place. Contact us 24/7 for your free consultation at 407-872-0303 or 352-357-4084 for your free consultation.