Post Judgment Modification of the Parenting Plan, Alimony, or Child Support
Whether as a result of a marital or paternity settlement agreement or a ruling of a judge after a trial, once the case is resolved, it does not mean you are stuck with this agreement or a ruling forever. In some circumstance it is possible to modify the parenting plan, alimony, or child support.
Modification of a Parenting Plan
In order to modify a court ordered or agreed to parenting plan, the parent seeking to modify the parenting plan must show that there has been a substantial and material change in circumstances of a parent and/or child since the entry of the parenting plan or agreement. The parent must also show that such change in circumstance was not anticipated at the time the parenting plan was agreed to or order by a judge. Lastly, the parent must show that the modification of the parenting plan will be in the best interest of the child. The parent seeking the modification has the burden of proving all the above factors. This is a difficult undertaking but a knowledgeable family law attorney can advise you whether the circumstances of your case warrant a modification of the parenting plan.
Modification of Alimony
It is important first to review your marital settlement agreement and/or final judgment of divorce to see if alimony is modifiable. A lot of times, as part of the negotiations process, the parties agree that alimony award will not be modifiable. Also, certain type of alimony, like bridge-the-gap alimony, is not modifiable by law.
Alimony in Florida
To modify an alimony award, the party must allege a change in circumstances. Meaning that either, the paying party no longer has the ability to pay alimony, or the receiving party no longer has a need for alimony, or that the receiving party’s needs have increased.
Another way to modify alimony is to show that the receiving party is in a supportive relationship, where he or she is no longer in need of alimony because the receiving party’s financial needs are being taken care of by the boyfriend or girlfriend.
Modification of Child Support
Many clients wonder if receiving a substantial raise will make their child support obligation go up or if they switch jobs and no longer earn the high salary they earned before, can they modify their child support obligation.
Child Support Fort lauderdale
To modify the monthly child support payment, the party must allege a substantial change in circumstances. The court considers a substantial change in circumstances where the difference between the existing monthly obligation and the new child support amount is at least 15 percent or $50, whichever amount is greater. It is important to consult a child support attorney to run the child support numbers before moving forward with the attempts to modify the child support.
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To schedule a consultation to discuss whether your case is eligible for modification, contact us at (305)-520-9205 or fill out an online contact form.
