DO YOU NEED TO CHANGE YOUR ALIMONY OR CHILD SUPPORT ORDER?
WHEN YOUR LIFE CIRCUMSTANCES CHANGE, YOUR COURT ORDER MAY HAVE TO CHANGE AS WELL.
Just because the divorce is final or the court has given its final orders about alimony and custody, that doesn’t always mean the process is over. Sometimes, when circumstances change for parents or former spouses, you’ll need what’s called a post-judgment modification of a court order for alimony, child custody, or child support.
Modifications, or changes to the court order, can happen on either side of the alimony order, or for either parent regarding custody or child support.
Obviously, the best case scenario is that both sides can mutually agree on the changes outside of court and submit those changes to the judge to approve. In order to make changes, including changes to alimony, child support, or to a parenting plan already approved by the court, the person asking for the changes must show a material and substantial change in circumstances. We can help you evaluate your circumstances and advocate for you through the process.
Pazos Law Group can help you through everything from relatively straightforward modifications to difficult cases involving the relocation of a parent with custody of the children. We’ll help you work through the negotiation or the court case, keeping your family’s best interest at the forefront.
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WHAT IS A SUBSTANTIAL AND MATERIAL CHANGE IN CIRCUMSTANCES?
This question is tough to answer, because the answer actually depends on the circumstances of the case. What Florida law does say is that, in order to modify an order, the circumstances have to be significant, material, involuntary, or permanent in nature.
Circumstances for changes in financial support, whether alimony or child support, might include:
- job loss or change in income
- remarriage for those who are receiving alimony
- entrance into a “supportive relationship”
A material and substantial change means something that you couldn’t have predicted before the final divorce order OR something that affects your child’s best interest. Your payment amount may need to change, and we can help you through that process. Give us a call!
WHEN CAN YOU MODIFY AN EXISTING CUSTODY ORDER?
Courts focus on what will be best for the children when considering changing a custody order. Some examples of reasons for a change might include:
- illegal behavior by a parent (including drug use and any sort of abuse), especially if that behavior leads to a conviction
- changes in the child’s schooling or medical needs
- circumstances that change one parent or the other’s ability to care for children
If you’re wondering if your custody order can be changed, give Pazos Law a call. We will help you decide where to go from here and give you the benefit of our experience in family law.
WHAT DO I DO WHEN MY FORMER SPOUSE IS NOT FOLLOWING THE COURT ORDER?
Unfortunately, many people find themselves in a situation where a former spouse or co-parent is not following a Child Support Order, Final Judgment, or Parenting Plan that was already approved by the Court. If you’re in this situation, Pazos Law Group wants to help you enforce your alimony, child support, or child custody order.
The co-parent or former spouse who does not follow the court’s orders can face stiff penalties, and that failure to follow the court’s orders can make the court reconsider its decisions.
At Pazos Law Group, we try to enforce court orders through mediation or out-of-court settlement negotiations. When necessary, we will also file a Motion for Enforcement with the court. If we need to go to court, we can ask the Judge to order the other party to cover your attorney and court fees, a penalty for forcing you to come to court in order to enforce an existing court order.