After a Final Judgment of Dissolution or Paternity has been entered, a party may want to modify some of the terms of prior agreements or Orders. In order for a modification to proceed successfully, legally, there must be a substantial change in circumstances which is involuntary, not contemplated at the time of the last order, and permanent in nature. A party may want to modify the terms of a support order or parenting plan, or both. This process is very fact specific and it is very important to understand the rights and responsibilities of the parties prior to initiating such a modification. One should note that a division of assets and liabilities is not normally modifiable but there may be circumstances (limited) which would allow for you to request such a change. Our family law attorney is well versed in the modification process and will explain the process to you in your consultation. Contact Catania Legal Group, LLC in Orlando, Florida, and speak to our family law attorney today at 407.377.5453
If there has been a substantial change in circumstances related to the income of either spouse, spousal support (a.k.a. alimony) and/or child support may be modified. If you are the party paying spousal support or child support to the other party, once you have met the “substantial change” prerequisite, it is important to promptly file a Petition for Modification. No matter how long the modification process takes, the modification will go back to the date of the filing of the Petition for Modification, but it cannot pre-date the date of the filing of the Petition for Modification. There are certain types of spousal support awards that are not modifiable or have limited modifiability options. Contact Catania Legal Group, LLC in Orlando, Florida to discuss your options. 407.377.5453. Additionally, a spouse’s income (or needs) may have increased such that a party may be entitled to request an upward modification of the amount of spousal support, and or child support they are receiving. Contact Catania Legal Group, LLC in Orlando, Florida, and speak to our family law attorney today at 407.377.5453.
Child Support may also need to be modified because a parent is not spending all of their allocated time sharing or they may be spending more time with the child(ren) than was originally contemplated in the parties parenting plan. Additionally, there may be a change in health insurance premiums or childcare costs that warrant a change. Pursuant to Florida Statute, a parent may request a modification of child support back to the date of the change of the timesharing. Again, these issues are very fact specific and you should discuss your particular case with an attorney. Have questions? We have answers. Contact Catania Legal Group, LLC today at 407.377.5453.
A parent may also desire to modify the timesharing order with their child(ren). The Court must find that any modification is in the best interests of the child(ren). Again, there must be a substantial change in circumstances which warrants the modification but ultimately, if the parties cannot agree to the modification, the Court will determine the necessity of the modification based on the best interests of the child standard. It is common that this type of modification filing would also request the modification of the child support obligations of the parties. Contact Catania Legal Group, LLC in Orlando, Florida to discuss your options. 407.377.5453.
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