Divorce & Family Law Attorneys

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When can I request a modification of my divorce agreement?

On Behalf of | Jun 7, 2022 | Modifications

After your divorce, you may realize your situation changes and you need to ask the court to modify your agreement. You can request changes to some parts of your divorce agreement.

The Florida Statutes explain that you may be able to change child custody and support and spousal support through a modification request. However, the law sets specific guidelines for when you can request a change.

Change in finances

The most common reason for a modification request to a divorce agreement is a change in financial situation. Whether you pay or receive support or you have the change or the other person has the change, if there is a substantial financial alteration, you have the ability to request a modification. The court can raise and lower support obligations depending on the circumstances

Outside changes

Another situation that could lead to a modification is if one parent suddenly has medical insurance become available that was not at the time of the divorce. In this case, the court may modify the agreement to make the parent provide insurance coverage for the children.

Changes in circumstances

The last category of reasons for a modification is something changing in circumstances. This could include anything from remarriage, a new baby or health issues. It can involve either person or children involved. When it comes to spousal support, a remarriage will typically end the obligation. For child support, if a child suddenly has an increased need for medical care or develops a condition that requires more care, it can alter many aspects of the agreements involving that child, including support.

The law may limit modification requests and require proof of changes before the court will consider a case. This helps to avoid baseless claims that can clog up the court system.