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Post divorce, one may be
forced to go back to court to "modify" the final judgment because life's
circumstances have changed. One parent may want to relocate with the
children out of state. Another parent may want to reduce child support
because of a loss of a job or a serious illness. Child custody can be
challenged if one of the parents is alienating the affections of the
child for the other parent or if the non-residential parent feels that
it is now in the child’s best interest to reside with them.
Additionally, a child visitation schedule can be changed through the
modification process.
Florida courts recognize the
need for many divorced spouses to change the terms of their child
support and visitation terms for various reasons, but generally require
that a strong showing of changed circumstances be presented before it
grants a motion for modification. Where the request for modification is
based on changed financial circumstances, the court will usually need to
see a 15 percent change in the ability to make payments. A change this
substantial can be based on upward or downward changes in income. An
increase or decrease in income for either party will offset the child
support equation, thereby increasing or decreasing the child support
obligation. Modifications in child support may also be requested if
there are unavoidable increases or decreases in living expenses, or
other significant changes.
It is common for divorce
decrees to be modified on two or three occasions if children are
involved. Divorce decrees which involve alimony are often modified every
few years. Longwell & Gentle, P.A., assists clients in attempting
to change the terms of their divorce decrees based upon a substantial
change in the client's circumstances since their divorce decrees were
entered. Some of the "changes" that can be made include but are not
limited to:
- Child support: Child
support can be increased or decreased;
- Custody: Custody of
children can also be given to the other parent or be more equally shared
under certain circumstances;
- Visitation: Visitation
provisions of a divorce decree can also be modified;
- Alimony: Alimony can be
reduced, increased or even terminated under certain conditions.
Longwell & Gentle,
P.A., can represent either the party seeking the modification or the
party resisting it. In either case, we will make sure you have a firm
understanding of your rights and responsibilities under the law, and we
can help you achieve your objectives to the extent the law allows.
Longwell & Gentle
serves all of Central Florida, including Orange,
Osceola, Seminole, Brevard, Volusia, and Lake
counties. We offer a free
consultation that allows you to meet personally with one of our
family lawyersto confidentially discuss your case. Spanish speaking
family law attorneys and staff are available to further assist our
clients. Our firm has reasonable
fees and flexible
payment plans. Longwell & Gentle works hard to achieve the
best possible outcome for our clients.
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