Modification of Prior Court Orders
Sometimes it is necessary to seek a modification of prior orders. Many family law orders entered by Florida courts can be changed under certain circumstances. This is called a modification and it occurs most often in cases involving parenting plans and time-sharing schedules, child support and alimony. Modifying a prior order takes a great deal of skill and it is important to have the right lawyer on your side.
Modification of Parenting Plans and Time-Sharing Schedules
The statute says that if a party has a substantial, material, and unforeseen change in circumstances then they may petition the court for a modification of a parenting plan and time-sharing schedule. This means that a person’s life situation changes, in a way that is substantial, and that change was not contemplated at all when the judge entered the final judgment or most recent order modifying a parenting plan (if applicable), a parent may petition to the Court to modify the parenting plan or time-sharing schedule.
Modification of Child Support
In child support cases, the Florida Child Support Guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the Court may find that the guidelines provide a substantial change in circumstances. Some of the factors that are used to calculate child support are each parent’s income, health insurance expenses, daycare expenses (if applicable) and the time-sharing schedule if both parents have at least 20% overnights with the minor child or children.
Modification of Alimony
Most forms of alimony are modifiable but others are not. Bridge-the-gap alimony and lump sum alimony cannot be modified. Rehabilitative alimony, durational alimony, and permanent alimony may be modified or terminated under certain circumstances. Examples of such circumstances are a significant change of income by either former spouse, disability, retirement, remarriage of the recipient former spouse, the recipient former spouse engaging in a supportive relationship, or the recipient former spouse no following through with a specific rehabilitative plan. This list is not inclusive and every alimony modification case is unique.
Contact us Today
Scott has represented thousands of clients in modification cases. He will provide you the quality representation that you expect from an A/V rated law firm and board Certified Marital and Family Law Attorney. Scott will use his expertise to strategize and guide you through the confusion and stress of your modification case. Take action and contact us today.