When courts finalize a divorce, they are signing off on an agreement they think is as fair as possible. Likewise, if a child is involved in the divorce, the court is essentially making the decision they believe is in the child’s best interest. However, life rarely goes the way we plan. One parent might lose a job and might no longer be capable of making child support payments, or another parent might start dating a person who might be dangerous to the kid. If serious changes happen, the court will consider making a modification to your original divorce agreement.
In the state of Florida, to modify any aspect of a divorce final judgment, you must be able to prove there has been a substantial change in your circumstances since the judgment was entered. For example, alimony is granted based on the need of the party receiving alimony and the ability of the other spouse to pay. If the paying spouse loses a job or is demoted, he or she must demonstrate he or she has experienced an involuntary or permanent decrease in income. Alternatively, if the paying spouse has received a significant increase in revenue, the receiving spouse can apply to the court to increase alimony or child support payments.
If you need to make a modification to your agreement, you can either try and reach an agreement with your former spouse or file a petition for modification. If you need help with this process, don’t hesitate to talk to one of our skilled Emerald Coast divorce lawyers. Adjustment to the divorce agreement through the courts can be complicated. Chesser & Barr, P.A. has been helping Florida families with their family law issues since 1978. Let us help you through this stressful time.
Contact us at (850) 610-7471 or fill out our online form to schedule your initial consultation today.