Important Things to Know About Post-Judgment Modifications in Florida
Divorce is a very difficult process. Once your case has been settled, you will likely feel relief that the matter is behind you. However, while divorce orders are final and legally binding, there are times when you may need a post-judgment modification. The only constant in life is change and so, your divorce orders may have to be modified to reflect your change in circumstances. Below, our Tampa divorce modification attorney explains in further detail.
What are Post-Judgment Modifications?
Post-judgment modifications are official changes to your final divorce decree. The terms within the final judgment are legally binding. If you choose on your own to change your custody arrangement, stop paying child support, or reduce the amount of spousal support you were ordered to pay, you can face serious consequences. To make any of these changes, or any other, you must petition the court to make an official change, known as a post-judgment modification.
A post-judgment modification can allow you to change certain terms of your divorce decree when your life circumstances change. After a court approves a modification, they will replace the existing terms either temporarily or permanently. Either spouse in a divorce can request a post-judgment modification from the court as long as they have the evidence to prove their case.
What Orders Can Be Modified After Divorce?
A person can petition the court for many different types of modifications, including:
- Child support orders
- Visitation or child custody orders
- Spousal support orders
The most common types of post-judgment modifications involve financial or child custody matters. However, you can also request modification for health insurance changes, domestic violence orders, property control, and more.
Proving Substantial Change in Circumstances
When petitioning the court to modify a divorce decree, you must show that there has been a substantial change in your life circumstances. There are many changes in circumstance that can warrant a post-judgment modification. The most common of these are as follows:
- Permanent reduction in pay
- Job loss
- More children born into a family
- Incarceration
- Dramatic changes in healthcare benefits
- The other party’s income increases
- One party suffers a disability
- Visitation or custody changes
- Military deployment
- Substantial changes in a child’s life that require additional assistance
When proving substantial life changes, you must present strong evidence to corroborate your claims. Some of the strongest types of evidence include receipts, pay stubs, letters of employment or termination, and more. Our Tampa divorce modification attorney can advise on the evidence to collect that can prove your case and help you obtain the necessary changes.
Our Divorce Modification Attorney in Tampa Can Help
While it is sometimes possible to obtain a post-judgment modification, the process is not an easy one. At Florida Law Advisers, P.A., our Tampa divorce modification attorney can guide you through it, prove your case, and help you obtain the best possible outcome. Call us now at 1 (800) 990-7763 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
