Seeking Post-Divorce Changes? Our Melbourne Attorney Can Help.
Orders established during a divorce reflect the circumstances that existed at the time the divorce was finalized. However, if there is a substantial change in circumstances, the original orders may no longer be appropriate. Depending on the circumstances surrounding your case, you may have grounds to seek a modification of the original divorce order.
At the law office of Shawn Reid, we represent clients in a variety of post-divorce modifications. Specific criteria must be met to approve a modification, and the court has broad discretion in these matters. We present the strongest possible argument to support your position and pursue every available option in an effort to secure a positive result.
We have experience handling all types of post-divorce modifications, including:
- Child support: If there is a substantial change in income for either parent, generally an increase or decrease of 15% or more, it can create grounds to seek a modification. If the child’s needs change significantly – new activities or an unexpected medical procedure, for example – a modification to the child support order may be appropriate.
- Alimony: A substantial change in circumstances can merit a review of the alimony order, including job loss, a significant increase or decrease in income for either spouse and the remarriage or existence of a supportive relationship for the recipient spouse.
- Child custody: There can be many reasons for seeking a modification to the child custody order. Work schedule changes, parental relocation or an unhealthy living environment can all be reasons to review the custody order. In every case, any modification must serve the best interests of the child. Our Melbourne child custody modifications attorney has extensive experience with these matters.
Enforcement Actions
We also represent clients in all types of child custody, child support and alimony enforcement actions. If your former spouse is failing to fulfill his or her obligations under the divorce agreement, we can help you take the necessary steps to petition the court to force compliance.
Understanding The Florida Modification Process Step-By-Step
When you seek to change an existing divorce order, Florida law follows a structured legal process. Our Melbourne attorney guides clients through each step. The modification process generally includes:
- Initial consultation and case evaluation: The process begins with a detailed review of your current order and the circumstances that have changed since the divorce. Bring documents such as the prior judgment, recent pay records, tax returns and any records relevant to custody, support or alimony.
- Filing the petition for modification: If legal grounds exist, a formal petition is filed with the court, identifying what parts of the original order should be changed and why.
- Discovery and exchange of evidence: Both parties exchange financial records, supporting documents and other evidence relevant to the requested change.
- Mandatory mediation: In many Florida family law matters, mediation is required before the court schedules a final hearing. This provides an opportunity to reach an agreement outside of court.
- Court hearing or trial: If mediation does not resolve the dispute, the judge reviews evidence and testimony to determine whether modification is warranted.
- Final modification order: If granted, the court enters a new legally binding order that replaces the modified portions of the prior judgment.
Having an attorney guide you through each phase can help reduce delays, strengthen your position and keep the process focused on the outcome you need.
What Florida Courts Consider A Significant Change
To approve a modification, Florida courts require a substantial, material and unanticipated change in circumstances. This means the change must be meaningful, ongoing and not something reasonably expected when the original order was entered.
Examples may include a major increase or decrease in income, involuntary job loss, serious medical issues, a child’s changing educational or health needs, relocation or a significant change in parenting circumstances. The court carefully reviews whether the change justifies altering the original terms and whether the requested relief is fair under the current circumstances.
Emergency Modification Requests And Temporary Relief
Some situations require immediate court intervention and cannot wait for the normal modification timeline. Emergency requests may arise when a child’s safety is at risk, there are concerns involving abuse, neglect or unsafe living conditions, or when a sudden and severe financial event affects a parent’s ability to comply with support obligations.
In these cases, the court may allow an expedited hearing, which moves significantly faster than a standard modification request. The judge may issue a temporary order addressing custody, time-sharing, child support or alimony while the full case remains pending.
Talk To An Experienced Brevard County Child Support Modifications Attorney
Contact our office today to discuss your modification issue with a Florida lawyer. We offer a free initial consultation to every new client. We are available during regular business hours and in the evening by appointment only. You can reach us by phone at 321-426-1840 or via email. For your convenience, we offer payment plans for our clients who need them.