When you finalize your divorce after navigating complex negotiations and resolving critical issues, you can begin the next chapter in your life. However, a time might come when you must modify part of your divorce decree. Whether you want to change the child custody terms, alimony obligation, or child support agreement, having an experienced Tampa modification of orders lawyer on your side is beneficial.
Florida Law Advisers, P.A., understands the importance of updating a divorce-related order to meet your changing needs. Circumstances constantly evolve, and modifying a few terms or an entire agreement is sometimes necessary. Call or contact us online for a free consultation to learn more about your order modification options.
Child Support Modification
A court might amend a child support order for similar reasons they would use to modify alimony. Additional reasons can include:
- Increase or decrease in childcare expenses
- Parenting time has increased or decreased since the initial court order
- Change in health insurance costs for the child or either parent
Timesharing Modification
The person requesting a modification to timesharing must submit evidence proving specific elements of the change in circumstances, just as they would for any other type of modification.
A change in circumstances related to timesharing modification can include events such as:
- Sufficient evidence of abuse or neglect of the child by either parent
- A doctor diagnoses a parent with a severe mental illness
- The parent with primary custody of the child relocates over 50 miles away from the current home
- A parent suffers from substance abuse
How Are Modifications Granted in Florida?
You must prepare for an upcoming hearing when the judge schedules one after the request to modify a previous order. That means obtaining all documentation necessary to present as evidence. You should also bring a copy of your existing order and notes about the changes you want to make or arguments against your former spouse’s proposed changes.
The party who filed the petition for an order modification can speak about their case at the hearing first. Any arguments must outline the facts of the case, including the substantial change in circumstances requiring the modification. The petitioning party can also submit evidence to support their request.
The other party can respond before the judge by agreeing to or opposing the requested changes. There might be significant factors that could prevent a modification to the order.
For example, the petitioning party might have lost their job and would need to alter the terms of child support. However, the responding party might have also experienced a significant decrease in income and need financial assistance.
The judge will hear each person’s case and review the presented evidence to determine how to rule. If they approve the request, they will issue a new order to replace the previous one. If they deny the request, the current order will remain in effect.