How Can I Modify Divorce Orders in Tampa?
There are many court orders issued during the divorce process. These orders outline how property will be divided, child custody arrangements, alimony provisions, and more. These orders are final and legally binding, meaning both parties must comply with the terms or face serious legal consequences.
Still, circumstances can change and when they do, it can prevent one party from fulfilling their legal obligations. In these cases, it may be possible for someone to modify the court order issued during divorce. Modifying court orders is not easy, though. Below, our Tampa modification attorney outlines what you need to know.
When Can You Modify a Divorce Order?
There are many reasons you may ask a court to modify a divorce order. These reasons typically relate to increasing or reducing alimony or child support payments, adjusting time-sharing schedules, or making changes to the parenting plan.
In order to be successful with a modification request, you must prove that there has been a substantial change in circumstances or either a spouse or a minor child since the order was issued. Any changes involved in a modification must be material, unanticipated, and permanent. In some cases, they must also be involuntary. The most common reasons for modifying a court order are as follows:
- Changes in income, whether it is an increase or reduction
- Job loss
- Physical injury
- Mental health issues
- Relocation
- Failing to comply with time-sharing provisions ordered by the court
- Inadequate living conditions for children
- Lack of parental involvement in the child’s life
- Improper social or educational development of a child
- Evidence that a child has been harmed by abuse or neglect
How to Request a Modification from the Court
If you need to modify an existing divorce order, it is critical that you do not take any action until you have obtained permission from the court. Without the appropriate permission, you can face harsh legal consequences for failing to comply with a current order.
To modify a divorce order, you must first file a petition with the court. Within your petition you must outline the reasons you are requesting a modification. The petition must then be served to the other party, who then has 20 days to respond to it. Within their response, they can confirm or deny the allegations you have made in your petition. For example, if you wish to modify time-sharing schedules because your former spouse fails to comply with them, they can approve the allegation or deny it.
After submitting your petition, the court will hold a hearing. During the hearing, you have the burden of proof to prove the need for a modification. You must submit evidence, such as missed visits or a change in income, to be successful with your case.
Our Modification Attorney in Tampa Can Help Prove Your Case
Modifying divorce orders is possible, but it is never easy. At All Family Law Group, P.A., our Tampa modification attorney can help you through the process, advise on the necessary evidence to prove your case, and give you the best chance of 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
