After the Final Judgment has been entered involving support or custody, there may be a substantial change in circumstances that warrant modification. Either you may be the party seeking modification or a modification is begin sought against you. The Heskin Martinez Law Group has expertise in modifying Final Judgments that involve time sharing, child support and/or alimony.
In order to proceed, the party seeking modification must be able to demonstrate to the Court that there has been a “substantial change in circumstances” that is involuntary and was not contemplated at the time of the Final Judgment.
Modification of Support:
Changes warranting a modification of support can include the following:
Loss of job or newer high paying job
Substantial increase or decrease in income
Child turning 18 or graduating high school
Substantial change in health insurance expenses for the child
Substantial change in care expenses for the child
Modification of Timesharing:
Changes warranting a modification of timesharing are fact intensive and also must be in the best interests of the child(ren). Certainly if there are issues involving the safety of the children the decision to pursue can be clear. However, there are many other circumstances that are not as clear and will depend greatly on the facts and unique circumstances of your case.
Under Florida law, there is no magic age where the child can decide where he or she wants to live. In fact it can be incredibly harmful to put the child in that position so don’t even ask. That being said there are some circumstances depending on the age and maturity of the child where their preferences can be considered. Whether and to what extent the child is involved can be very tricky and can backfire on a parent if the Court believes you have inappropriately involved the child in the litigation. Thus, it is best to seek the guidance of a professional when you believe a modification action may be appropriate.
The lawyers at the Heskin Martinez Law Group have over 20 years experience dealing with these issues and have seen what can warrant modification and what is not worth pursuing.
It is very important to work with an experienced attorney who is Board Certified in Marital and Family Law to help you work through all of these issues. If you have any questions, call us at 407-403-5990 or contact us (below) to schedule your appointment.