Can You Modify Divorce Orders in Tampa?
When a divorce case is over, a judge will issue a Final Judgment. This document settles all property division, financial support obligations, and time-sharing plans. As the name of the document suggests, the orders issued by the judge are final and legally binding. Still, the courts and the law in Florida recognize that over time, things may change. When they do, the orders that were issued during the divorce may no longer be practical.
In these cases, it may be possible to ask the court to modify one or more divorce orders. Doing so is not easy, though. Below, our Tampa modification attorney outlines when you can ask a judge to change an order and what the process involves.
When is a Modification Possible?
There are many different reasons people ask the courts to modify divorce orders. Some of the most common are to make changes to a time-sharing schedule or to increase or reduce alimony or child support payments.
When petitioning the court for a modification, you must show that there has been a substantial change in circumstances. The change must be unanticipated, permanent, and material, or important. In some cases, it must also be involuntary. For example, if a person quits their job to terminate child support payments, the court would likely not modify the original order. Some of the most common substantial changes in circumstances are as follows:
- Physical injury or illness that prevents someone from working
- A substantial increase or reduction in income
- Involuntary job loss
- Mental health issues
- Relocation
- Failure to comply with a court-ordered time-sharing schedule
- Improper living conditions for minor children
- Lack of parental involvement in a minor child’s life
- Inadequate social or educational development of a minor child
- Evidence of child neglect or abuse
How Does the Modification Process Work?
If you cannot fulfill the obligations required of you in a divorce order, it is critical that you do not take any action until you have gained court approval.
The first step in the process is filing a petition with the court. Like divorce paperwork, you must then serve your former spouse and wait up to 20 days for them to file a response. The response gives your former partner the opportunity to confirm or deny the details you have provided. For example, if you have accused your former spouse of failing to comply with the time-sharing schedule, their response can confirm or deny the allegation.
The court will schedule a hearing after receiving the petition and the response. At the hearing, you must present evidence that shows the need for a modification. Evidence can include cohabitation that may terminate the need for alimony, missed time-sharing visits, or pay stubs showing a change in income.
Our Modification Attorney in Tampa Can Help You Through the Process
Obtaining a divorce modification is sometimes possible, but it is rarely easy. At All Family Law Group, P.A., our Tampa modification attorney can guide you through the process, advise on what you can expect, and give you the best chance at a favorable outcome. Call us today at 813-672-1900 or contact us online to schedule a free consultation and to get the legal help you need. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
