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Modifying Your Florida Alimony, Child Support or Child Custody Order
Learn how alimony, child support or child custody orders may be amended in court following a change in circumstances.
October 06, 2011 /Money PR News/ -- It is easy to think of divorce as an irrevocable event: often, former spouses are looking to move on with their lives after witnessing the symbolic finality of a court-approved divorce judgment. But, many of the terms in either an uncontested divorce settlement agreement or a final court order entered by the judge after trial may be revisited under certain circumstances.
Generally, courts will not address property and debt division issues after a final divorce decree has been issued. On the other hand, the terms of alimony, child support and custody arrangements are often the subject of post-judgment modifications.
What Does It Take To Change a Divorce Judgment?
Under Florida law, a "substantial change in circumstances" are the grounds for changing (or eliminating) a child support or alimony order, or, along with the "best interests of the child", for modifying a child custody order. So what constitutes a substantial change in circumstances? The possibilities are nearly endless, but they include any life event that significantly impacts the financial well-being of one or both spouses or the workability of current custody arrangements.
Take alimony, for example. Imagine a married couple in which the wife held a high-paying corporate job and supported her husband while he pursued an interest in art. Upon their divorce, the wife was ordered to make substantial alimony payments to her former husband. But, she was subsequently laid off, and had to take a job at a drastically reduced salary. The wife should likely reopen the case and petition the court and ask for a downward adjustment, a termination, or a temporary abatement or reduction of her alimony obligations to better reflect her current ability to pay. One caveat, however: in order to secure a downward adjustment based on a change in income, the party seeking relief generally must show that their change in circumstances is permanent (typically lasting or expected to last one year or more) and involuntary (for instance, in this example if the wife had quit her job instead of being laid off, a reduction of her alimony obligations would be unlikely).
An alimony order can be adjusted upward, downward or eliminated altogether based on a change in circumstances of either party. In the above scenario, imagine that the wife kept her high-level job, but the husband's art career took off and he became a multimillionaire. Even though the wife would be earning the same amount as before, she would still be able to ask for a reduction or elimination of alimony because her former husband would be self-supporting and therefore would no longer need her support.
Similar financial considerations go into modifying an order for child support. Of course, in this context, the focus is on the needs of the child. The party seeking a modification will have to explain why the change in support is in the best interests of the child. Often, a change in child support will accompany a change in custody as a child spends more or less time with a given parent.
In contrast to orders for alimony or child support, modification of a child custody order or parenting plan often involves a less-intensive focus on respective income levels. While a change in financial status can certainly play into a modification of custody, there are a number of other reasons why a custodial parent may no longer be capable of providing for the best interests of the child: debilitating illness, criminal involvement with the justice system, mental problems, or mistreatment of the children to name a few. However, the party seeking an alteration in a custody order can face high hurdles: Florida courts are generally inclined to uphold original custody orders. A modification may only be obtained by proving the existence of a substantial, material and unforeseen change in circumstances that has implications for the best interests of the child.
Clerical Errors or Excusable Oversights
Not all modifications of divorce judgments come about because of a substantive change in circumstances. Even seemingly innocuous mistakes in a divorce judgment document can have significant legal consequences; it is important to take steps to correct such errors.
Any party may file a motion identifying and requesting the correction of typographical errors and other clerical mistakes (improperly spelled names, mistyped dates of marriage or separation etc.). Florida courts are also given the authority to address these mistakes on their own, even absent a motion.
Larger mistakes can present more of a challenge. For instance, perhaps you were not made aware of a court date and in your absence your former spouse misstated the exact date of your marriage (the length of a marriage may impact property division, alimony and other aspects of a divorce decree). Mistakes or excusable neglect by a party, fraud, misrepresentation, misconduct or even the discovery of new evidence that you could not have known about at the time of your hearing can all be grounds for filing a motion to modify or vacate your divorce decree.
If you have noticed a mistake in your divorce documents, it is important to act quickly. While modifications based on a change in circumstances can be sought at any time, motions to correct the aforementioned mistakes generally must be filed within one year of the entry of the divorce decree.
Getting Legal Help
There is no comprehensive list of every situation that may entitle a party to a modification of an alimony, child support or child custody order. However, when issuing modification orders, Florida courts take an equitable, comprehensive view of the parties' individual circumstances. In other words, if a change in your status or that of your former spouse makes your current alimony, support or custody situation seem unfair to you, you may have a valid argument for seeking a modification. Contact a Florida Board Certified Family Law Attorney today to discuss your legal options.
Article provided by Lewert Law Offices, P.A.
Visit us at www.lewertlaw.com
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