Modifications Attorney | Divorce Modifications| Flagler Beach Law Firm
Need to modify a divorce court order? Our Florida divorce attorneys can help.
What are Divorce Modifications?
Divorce modification is the legal process of amending a divorce order issued by a court. Custody terms are binding but it is possible to have them changed.
There are many reasons why you get a divorce, just as life changes after a divorce that will require a second look. Anything can determine the requirement for a modification post-divorce. These circumstances might include loss of a job, relocation out of state, a new job, a change in income, illness, death, injury, economic changes, a change in your dependent’s status and many other life changing circumstances.
In your divorce you make an agreement that is acceptable at the time, but things happen after the divorce and the agreement needs to be adjusted.
Attorney Lisa M Dawson P.A. is here to help clients in the Central Florida, Flagler county area. With post-divorce modifications. These are modifications that relate to alimony or child support and child visitation.
How to Obtain Modifications
There must be proof of substantial change in circumstances after a final divorce decree is issued that you and your ex-spouse can go back to court to modify certain parts of the divorce agreement.
As stated, there are modifications of spousal and child support, custody and visitation when you can provide the evidence of a substantial change of circumstance. Should your ex-spouse agree to modify terms of the original decree, the agreement is put in writing and submitted to the court.
A hearing may be held to make sure all parties agree to the modified terms stated in the agreement. The court will be satisfied, and the agreement is signed off by the judge and will become a court order, binding on both spouses.
If one ex-spouse wants a modification but the other does not, the motion for modification is filed with the court that issued the original decree. The motion is then served on the other spouse.
Response and hearing of the motion for modification
Once the motion is served, the other ex-spouse must file a response within a stated time, then a hearing is held. You must present proof of the change of circumstance that set the modification in action. If the motion is to modify custody, child support or visitation, you must present evidence to show the court why the modification is in the best interest of the children.
Substantial change of circumstance
The grounds for modification are a substantial change of circumstance. For example, a wage-earning change. If your ex-spouse now has a much higher paying job, the support amount for your ex-spouse can be recalculated.
Any child abuse, drugs or alcohol abuse by an ex-spouse that have joint custody, will warrant a change to sole custody.
Failure to pay child support
Failing to pay child support ordered in the original divorce decree can result in the state enforcing payment. The state and not the former spouse may take the non-paying spouse to court to obtain wage garnishment if the child support monthly ordered amount
If you are considering a modification request, it is best to consult with a qualified divorce attorney to go over your case and determine if your request for modification is a legitimate and justifiable need, meeting the Substantial change of circumstance rule.
Speaking with a Divorce Attorney
Attorney Lisa M Dawson P.A. has the experience and knowledge in all areas of family law. When new circumstances arise in your life after the final judgment, Lisa Dawson can help you with the modifications that you are requesting. Contact us for a free consultation.