LARGO DIVORCE & FAMILY LAW ATTORNEY
Address: 146 2nd Street North, Suite 310
St. Petersburg, FL 33701
Phone Number: 727- 474-1227
Fax Number: 727-498-5510
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Often times, a Final Judgment is rendered and for the most part, both parties go their separate ways. However, things change, and as a result both parties are forced to go back to court. For the most part, there are a few scenarios that play out very often that warrant both parties going back to court. They are the following: Change in the income of one or both parties, and/or a change with the parties' agreed or court ordered Parenting Plan. Whenever you're looking to change an Order regarding child support, you must file a "Supplemental Petition to Modify Child Support." If you are looking to modify an order regarding time-sharing, you must file a "Supplemental Petition to Modify Time-sharing/Parenting Plan." And if you are looking to modify your alimony payments, you must file a "Supplemental Petition to modify Alimony."
Largo, FL Modification Attorney
Standard you must meet for modification
In order to increase the likelihood of your judge granting your request, you must prove to the Court that there has "been a substantial change in circumstances since the entry of your Final Judgment, that is material and was not anticipated at the time of entry." Furthermore, for child support matters, proving that there is a 15% or $50 difference in the Child support numbers would suffice.
Different types of modifications
Petition to Modify Child Support- A downward modification can be justified when 1) a paying party loses their job; 2) Paying party's loss of income; 3) Receiving party makes more money; 4) Children's expenses decreasing (i.e no more daycare). An upward modification can be justified when: 1) Receiving party loses their job; 2) Receiving party's loss of income; 3) Paying party makes more money; 4) Children's expenses increasing. Remember, that the Court must find that there has been a substantial change in circumstances before they more forward.
Petition to Modify Alimony- Section 61.14 of the Florida Statutes provides that most types of alimony may be modified or terminated when there has been an unexpected, involuntary, and substantial change in circumstances that affects the former spouse’s ability to pay, or the other former spouse’s need for alimony.
Petition to Modify Parenting Plan- Again, it must be shown that there has been a substantial change in circumstances since the Final Judgment was entered.
When dealing with modifications, it should be noted that parties can "agree" to changing provision of the "Final Judgment," including but not limited to child support. This is usually easier, as the Court usually would not have to intervene. It also helps keeps costs down.