When you get a divorce, the court will likely issue multiple orders. These may be for child support and alimony. After the divorce is final, you may have changes in your circumstances that make you want to request a change or amend the divorce decree. 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 requesting a change.
When Can You Amend a Divorce Decree in Florida?
Financial Change
The most common reason to request a family law modification in Florida is because of changes in your finances. Remember that Florida law requires the change to be significant and long-term. If you had a couple of paychecks that were lower than normal, but then your pay went back to normal, that would not be enough to get a family law modification in Florida. A slight change in a financial situation also would not qualify.
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 can request a modification. The court can raise and lower support obligations depending on the circumstances.
Specific Changes
According to Florida custody laws, if your child reaches the age of 18 and your order does not automatically end, you can modify the child custody agreement to end the order. In addition, if you receive support and changes in the child’s needs, such as increased medical expenses, you can get a modification. These are the most common reasons to modify child support in Florida.
Another situation that could lead to a modification is if one parent suddenly has medical insurance available that was not available at the time of the divorce. In this case, the court may modify the agreement to require the parent to provide insurance coverage for the children.
Change 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 the person or children involved. Regarding 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.
According to Florida alimony law, you generally can request an alimony modification if you pay and the other person remarries or enters into a relationship the law considers similar to marriage.
A Tampa Family Lawyer Can Help You Amend Your Divorce Decree
Remember that while you can request a change in your orders, it may not always be the best idea to ask for it. If the facts support an increase, the court can raise your obligations even if you request them to be lower. So, ensuring you meet the requirements before filing is essential.
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.
Contact a Tampa court modification lawyer for more information.
