Kissimmee Modification Lawyer Osceola County

As time passes and life changes, sometimes court orders in family cases no longer apply to the current situation or serve their intended purpose. When this happens, many people in Kissimmee find themselves wondering what their options are. Fortunately, there is a process available to have court orders modified to reflect the changes that have occurred. Here at My Florida Family Attorney, Adams & Luka, P.A., our attorneys are experienced and knowledgeable on the modification process and will guide you through every step to get you the best results possible.

The modification process follows a very similar procedure used in the original court case. The party seeking the modification must file a petition with the court requesting the modification as well as laying out the grounds the modification is based on. The petition must be served on the other party, who will be required to respond. Both parties may be required to file a Financial Affidavit and comply with the disclosure of financial information. If the parties do not agree on the modification, then the court may require them to attend mediation and a trial may be necessary. While going through the court process again may seem daunting, it does not have to be. At My Florida Family Attorney, Adams & Luka, P.A., our modification attorneys can navigate the court process on your behalf and make sure all proper steps are followed to get you the best results possible.

Parents in Kissimmee, whether paying child support or receiving it, can seek a modification based on a substantial change in circumstances. The substantial change must also be permanent and something that was not anticipated when the court first ordered child support. If the substantial change will not last, or if the parties would have expected this change to happen, then the court will likely not grant the modification. A court will also not reduce child support payments for a payor parent who quits a job, intentionally gets fired, or willingly takes a job paying less money, as their obligation to support their child financially continues despite their willful decrease in income.

When custody arrangements are first ordered by the court, it can be difficult to foresee whether this arrangement will continue to work as the children get older. Custody arrangements are usually decided during a time of transition for both parents, whether the parents are getting divorced and adjusting to having two households, or the parents are unmarried and trying to decide how to raise a child together as they become parents. Custody arrangements may be modified upon a showing of a substantial, material, and unanticipated change in circumstances. The court must also determine that the modification is in the best interest of the child. There are several factors the court uses to determine what is in the child’s best interest, including the child’s needs and developmental level, the child’s education, the desirability of maintaining stability and continuity for the child, each parent’s ability to meet the child’s needs, each parent’s mental health or physical health conditions, substance abuse, domestic violence, and any child abuse or neglect committed by either parent.

Many times, circumstances will change following a divorce in Kissimmee, and an ex-spouse may be unhappy about the amount of alimony they have to pay or feel they should be receiving more. Alimony may be modified when there is a substantial, permanent, and involuntary change in circumstances. Whether alimony can be modified also depends on what type of alimony it is. Bridge the gap alimony is intended to last only a short period of time and to assist a spouse in the transition from married to single. Due to bridge the gap alimony only lasting a short amount of time, there is generally no basis to request a modification. Rehabilitative alimony is also a short-term form of alimony, but rehabilitative alimony may be modified upon a substantial change in circumstances, or if the receiving spouse fails to comply with or completes the court-ordered rehabilitative plan. Durational alimony is court-ordered to last for a specific period of time which cannot be modified, although the amount to be paid may be changed. Permanent alimony is intended to provide for a dependent ex-spouse’s needs and necessities. Despite its name, permanent alimony is not necessarily permanent, and may be modified upon a substantial change in circumstances or if the dependent spouse enters a new supportive relationship.

Here at My Florida Family Attorney, Adams & Luka, P.A., our modification attorneys will take the time to listen to your circumstances during your free consultation and answer any questions you may have. We know having to repeat the court process again after already navigating it at least once before may seem overwhelming, but our attorneys will handle the legal process for you and use their experience and expertise to get you the best results possible. Our attorneys are available 24/7 for free consultations at 407-872-0303 or 352-357-4084.