When Can You Modify Divorce Orders in Florida?
During the divorce process, a judge will issue many orders. These orders stipulate how marital property is divided, alimony details, child custody arrangements, and more. Divorce orders are final and legally binding. Both spouses are expected to abide by the terms of the orders and if they do not, they will face serious consequences.
However, the law and family court judges recognize that a person’s circumstances may change over time. When they do, it can make it difficult if not impossible for one spouse to fulfill their legal obligations. In these instances, it is often possible for either party to modify a divorce order. Divorce modifications can become complicated, though. Below, our Orlando modifications lawyer outlines what you need to know.
When is it Possible to Modify Divorce Orders?
People ask the courts to modify divorce orders for many different reasons. Some of the most common are to reduce or increase child support or alimony payments, adjust time-sharing schedules, or make changes to a parenting plan.
When filing a modification request, the burden is on you to prove that there has been a significant change in circumstances. The changes must be material, or important. They must also be permanent and unanticipated. Sometimes, there is also the requirement that they are involuntary. Some common examples of a substantial change in circumstances include:
- A significant reduction or increase in income
- Loss of job
- Physical injury
- Relocation
- Mental health issues
- Inadequate living conditions for minor children
- Failing to comply with court-ordered time-sharing provisions
- Improper educational or social development of a minor child
- Lack of parental involvement in the life of a minor child
- Evidence that a child has suffered harm due to neglect or abuse
The above are just a few reasons court orders are modified post-divorce. It is important to speak to an attorney if you are unable to fulfill your legal obligations and believe you need a modification.
How to Request a Modification
The first step when requesting a modification is to file a petition with the court. The petition must provide details about why you are asking for a modification. You must then serve your former spouse with the paperwork and they will have 20 days to file their response. The response will either deny or confirm the information you have included in your petition. For example, if you are asking the court to modify a time-sharing schedule because your former partner is not complying with it, they have the opportunity to deny or confirm the allegation.
After the court has received the petition and the response, a hearing will be held. During the hearing, you must provide evidence showing the need for the modification. Evidence can include pay stubs showing a change in income, missed time-sharing visits, or proof that your former spouse is cohabiting with a romantic partner and no longer requires alimony.
Our Modifications Lawyer in Orlando Can Help You Prove Your Case
Although it is possible to modify divorce orders, the process is never easy. At Anderson & Ferrin, our Orlando modifications lawyer can prove the different elements of your case so you have the best chance of obtaining a successful outcome. Call us now at 407-412-7041 or fill out our online form to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
