Tavares Modification Lawyer Serving Lake County

Once a family court case has concluded, most people in Tavares will feel a sense of relief the court process has concluded, with hopes that life will begin to feel more normal again. Whether the case involved a divorce, child custody, or child support, the result should be a final judgment that lays out a plan for both parties to follow going forward. While the court and both parties involved will try to account for everything before the court case has concluded, sometimes things will still need to be modified later on. When one or both parties want or need to make a change to the final judgment, the court will again need to be involved. The full extent of the court’s involvement and how involved the modification process needs to be will depend in some extent on the decision to hire an experienced and knowledgeable modification attorney. Here at My Florida Family Attorney, Adams & Luka, P.A., our modification attorneys are very experienced with the modification process and will be there to guide you every step of the way to make the process as easy and stress-free as possible.

In order to get a modification in Tavares, the party seeking the modification will need to first file a petition with the court requesting the modification and state the grounds it is based on. This petition will then need to be served on the other party, who will have to file an answer and possibly a counter petition. If the modification involves modifying child support or alimony, each party will need to file a new financial affidavit with the court and comply with providing mandatory disclosure and the discovery process, including the sharing of financial documentation. Mediation and a trial may also be necessary if the parties disagree the modification. This process may sound familiar, and that is because it is the same process the original court case followed. Many people are disappointed when they realize they will need to go through these same steps again for a modification, and understandably so. Here at My Florida Family Attorney, Adams & Luka, P.A., our modification attorneys will be able to streamline this process, prepare and file all necessary pleadings and documents on your behalf, and make sure everything is done properly, taking that burden off your shoulders while getting you the best possible results.

To have the court grant a modification of child support, the party requesting the modification must show a substantial change in circumstances has occurred since the court entered the final judgment. The substantial change in circumstances the modification is based on must be a permanent change, not just something temporary. The change in circumstances must also not be something that was anticipated when the original final judgment was entered. The child support guidelines contained within Florida statutes that are used to calculate child support may provide the basis for the modification if, when using the guidelines to re-calculate child support based on the new circumstances of the parents, the difference between the court-ordered amount and the recalculated amount is at least 15% or $50, whichever is greater. A court will not modify child support if a payor parent becomes voluntarily unemployed or underemployed, as their obligation to support their child will continue despite their voluntary decrease in income.

An example of a change that would not justify a modification of child support includes a parent temporarily having a decrease in income because they have a medical condition that they will recover from that requires them to miss work to attend medical appointments because this change is not permanent. Another example of a change in circumstances that would not justify a modification is a child becoming school-aged and starting kindergarten instead of daycare, significantly decreasing childcare expenses, because this was an event that would have been anticipated at the time the final judgment was entered. An example of a change that would be grounds for a modification is a parent becoming permanently disabled, resulting in a significant decrease in income, or getting a new job making substantially more money.

To modify child custody in Tavares, there must be a substantial, material, and unanticipated change in circumstances since the final judgment was entered by the court. The modification must also be found to be in the best interest of the child. The court will consider several factors laid out in Florida statute when determining the best interest of the child, including each parent’s mental and physical health, moral fitness to raise a child, ability to comply with a court-ordered timesharing schedule, ability to co-parent and share information and responsibility between them, any domestic violence, substance abuse, child abuse or neglect, the child’s needs and desires, the stability of the child’s current environment and the desire of maintaining continuity, and any other factor the court deems relevant. When requesting a modification to child custody, it is important to ensure you present grounds for the modification that include the child’s best interests to be successful.

A court can only modify alimony following a divorce if some amount of alimony was originally ordered in the final dissolution of the marriage. If the court did not grant any alimony, it cannot go back and add alimony through a modification. The party seeking the modification must show a substantial, permanent, and involuntary change in circumstances. Whether alimony is modifiable in either amount or duration (length of time payments are to be made) may depend on the type of alimony. Bridge the gap alimony, which is intended to assist a spouse with the transition from married to single life, cannot be modified in amount or duration once it is court ordered. Rehabilitative alimony, which is intended to help a dependent spouse become self-supporting, can be modified upon a substantial change in circumstances or the receiving spouse’s failure to comply with or completion of the court-ordered rehabilitative plan. Durational alimony, or alimony set to last a specified period of time, can be modified in amount upon a showing of a substantial change in circumstances, but the duration cannot be modified unless there is a showing of exceptional circumstances. Permanent alimony, which is intended to provide for the needs and necessities of a spouse as established during the marriage if that spouse lacks ability to provide for their own needs and necessities, can be modified despite its name. Permanent alimony can be modified upon a substantial change in circumstances or upon the receiving spouse entering a supportive relationship.

Here at My Florida Family Attorney, Adams & Luka, P.A., our knowledgeable and dedicated modification attorneys will be able to give you an idea right from the start of whether or not your modification will be successful to save you from going through the process to only have the court deny your modification because there are insufficient grounds for the court to make a change. Our dedication attorneys will take the time to review your final judgment and consider the changes that have occurred since to help you get the best results possible on your modification. Contact us 24/7 at 407-872-0303 or 352-357-4084 for your free consultation.