How Can You Obtain A Modification After Divorce?
Many decisions are made during the divorce process and once a case is finalized, those decisions are final and legally binding. However, there are times when certain divorce orders must be modified. While modifying divorce orders is sometimes possible, there are strict requirements that must be met before any divorce order is changed. To modify any divorce order, one must show that there has been a significant change in circumstances. Below, our Orlando divorce lawyer explains more.
How to Modify a Divorce Order
Each party in a divorce case has a legal obligation to comply with any order issued at the end of a case. Failure to do so comes with serious ramifications, including being held in contempt of court. When a divorce order is no longer practical and one or both parties would like to change it, they must petition the court for a modification. Until the modification is granted, each party must continue to comply with the court order.
To obtain a modification of a divorce order, one must show that there has been a significant change in circumstances since the initial order was issued. Under state law, the change in circumstances must be permanent and material, or important. The change in circumstances also must not have been anticipated at the time the initial divorce order was issued.
Although the two parties can ask the court for a modification, they can also reach an agreement on their own. If the two parties involved can agree to a modification, which sometimes requires negotiation, the process will be much faster and less expensive than taking the matter to court.
Examples of a Change in Circumstance
If the two parties cannot agree to a modification and they must take the matter to court, the person requesting the change must prove that there has been a substantial change in circumstances. Before a judge will modify an order for child support, time-sharing, or alimony, one party must show one of the following:
- There has been a significant change in one party’s income and making payments will cause financial hardship,
- One person needs to move a substantial distance from the other party and there is a current time-sharing schedule in place,
- One party has increased costs for healthcare or other basic needs, and the increase is unavoidable, or
- A spouse that receives maintenance has remarried.
The family courts in Florida will not grant every request for a modification. This is why it is so important to prove that there has been a substantial change in circumstances. You can strengthen your case by also showing that you have upheld the other terms of your divorce decree.
Call Our Divorce Lawyers in Orlando for Help with a Modification
If you have gotten a divorce and now need to modify an order, our Orlando divorce lawyers at Anderson & Ferrin, P.A. can help you prove your case. Call us now at 407-412-7041 or contact us online to schedule a free consultation and to learn more.