Tampa Modification Lawyer
When a divorce is granted or a paternity judgment is entered, the court make several findings and issues orders regarding alimony, child support, parenting, and timesharing. At the time they are made, these court orders are intended be permanent. But what happens if the needs and circumstances of the parties later change? Court orders can be modified when the circumstances call for it, but it’s necessary to go back to court to do so. One of the parties must file a proper pleading detailing the reason for the requested change. Typically, to modify alimony, timesharing, or child support, one must show that there is a substantial, material, unanticipated and involuntary change in circumstances warranting the modification. The family law attorneys at Westchase Law P.A. can advise you and represent you in seeking or opposing a proposed modification of court orders for alimony, child support, or parenting and timesharing. Contact our Tampa family modification lawyers today.
Modification of Alimony in Florida
Several different types of alimony are recognized in Florida, including temporary alimony, bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony. Bridge-the-gap alimony is meant to ease the transition to single life and independent living; rehabilitative alimony is used to help a party become self-supporting; durational alimony provides economic assistance for a period of years, and permanent alimony helps support a former spouse who can’t otherwise meet the needs and necessities of life as they were established during the marriage. Depending on the kind of alimony involved, courts may order alimony payments to last anywhere from a year or two to indefinitely.
A party paying alimony might seek a reduction in payments if they experience a job loss or reduction in pay, and they might want to terminate it altogether if the receiving party remarries or is involved in a supportive relationship. The laws regarding modification of alimony in Florida are complex. For instance, bridge-the-gap alimony cannot be modified in duration or amount, and only the amount of durational alimony can be changed as opposed to its duration. Other forms of alimony may be modified if the moving party proves and justifies the need for modification.
Florida Child Support Modification
The amount and duration of child support is based on several factors including the incomes of both parents, the number of children being supported, and any extraordinary expenses or needs of the children. A change in the children’s expenses or needs, or an increase or decrease in either parent’s income, might justify modifying a current child support order. A significant change in parenting and timesharing responsibilities may also warrant a child support modification as well. Under most circumstances, child support cannot be retroactively modified prior to the filing of a Supplemental Petition, so time is of the essence when filing to modify child support.
Modification of Parenting and Timesharing
Children’s needs change as they grow, but this fact is usually foreseen, contemplated, and accounted for in the initial parenting plan and timesharing schedule. However, if some unforeseen change in circumstances occurs that is both substantial and lasting, modification of the parenting plan and timesharing schedule may be appropriate. Changes to a child’s medical condition, educational performance, or extracurricular activities might all warrant a modification to parenting and timesharing. Also, a parent’s relocation would require a modification of the parenting and timesharing schedule particularly for any move that is more than 50 miles away and meant to last for more than six months which would fall under Florida Statute §61.13001. Ultimately, a modification to a parenting plan or time sharing schedule will only be considered by the court if a substantial change in circumstances has occurred and the judge is convinced a modification would be in the child’s best interests.
Westchase Law P.A. Is Here to Help with Post-Divorce Modifications in Tampa
Our lawyers at Westchase Law P.A. are experienced family law practitioners who work every day making sure their client’s needs are met when it comes to matters such as alimony, child support, parenting, and timesharing, either as unmarried couples, during a divorce, or in the case of a post-divorce modification. We can work with you and opposing counsel to resolve any needed changes to existing court orders through negotiations or mediation without having to resort to litigation. However, if a question of modification can’t be resolved without going to court, our experienced courtroom lawyers provide assertive and effective representation in trials and hearings as well. Tell us about your needs, and let us advise you on your options, chart a path to reach your goals, and ably represent you in whatever form or forum is needed.
Contact Westchase Law P.A. Today
If you are looking to modify a judgment regarding parenting, timesharing, alimony or child support, or if you are opposing any modification filed by the other party, Westchase Law P.A. is the law firm to turn to for expert advice and assistance from skilled, compassionate and caring family law attorneys. Contact our experienced family law attorneys today