Modification of Support Attorneys
After an order for the payment of alimony or child support has been entered, Florida law frequently allows a modification of the order based upon a substantial change in circumstances. When a change occurs, child support does not change automatically; it is incumbent on the parties to make sure child support is adjusted accordingly. After a dissolution of marriage, circumstances may change that make it equitable to change the terms of a support order. For example, one person who was unemployed at the time of the divorce may become employed or a child may reach school age thereby significantly reducing a daycare expense.
If circumstances change, it is important to immediately file for a modification of the support order because a modification is normally permitted back to the date the request for modification was made and no earlier.
Child & Spousal Support Modification Attorneys
Child support is based upon a formula that considers both parties’ incomes, daycare and health insurance paid by either party and the time-sharing schedule between the parties. As such, child support may be modified based upon a change in either party’s income, or a change in the childcare or health insurance that must be paid for the minor children, among other reasons. In fact, Florida law states that a change in the child support guidelines may be a reason for a modification of the support order except under limited circumstances.
Alimony (spousal support) is often modifiable as well. There are different forms of alimony in Florida. Some forms of alimony are modifiable while others are not. Additionally, the prior order or agreement may provide whether the alimony is modifiable.
For example, permanent-periodic alimony is modifiable upon a substantial change in circumstances, such as an increase in the payee’s income or a decrease in the payor’s income. This is the form of alimony that continues until the payee dies or remarries or the alimony is terminated by court order. Additionally, permanent-periodic alimony may be terminated if the payee becomes involved in a financially supportive relationship that decreases the payee’s need for support.
Durational alimony is paid for a set period of time following the termination of the marital relationship. Durational alimony is modifiable during the time period it is paid, but the length of the award of durational alimony may only be modified upon a showing of exceptional circumstances and may not exceed the length of the marriage. In other words, it is easier to modify durational alimony as to the amount to be paid rather than the length of time the alimony will be paid.
There are a number of different factors to consider in determining whether or not it will be beneficial for your case to file for a modification of the support order. It is important to contact a knowledgeable family law attorney before taking action to determine how best to proceed. Our attorneys have extensive experience in supplemental petitions to modify child support.
If you want to know if the child support in your case needs to be changed, talk to one of our attorneys as soon as possible. We can run initial calculations to make sure the child support is correctly calculated. Contact one of our attorneys for a free initial consultation.