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Effectively Obtaining Florida Post-Decree Modifications

Some of the provisions in a final judgment may be modified by the court or by the agreement of the parties. Child support, alimony and time-sharing are among the frequently modified provisions. Typically, the party that wishes to modify a provision in a final judgment must show that there has been a substantial change in circumstances. If you are interested in modifying an existing court order, I can help you at the Law Office of A. James Mullaney in Jacksonville.

How Post-Decree Modifications Work

For an upward or downward modification of child support, the Florida Statutes define what is considered to be a substantial change in circumstances. The party requesting the modification must show that there would be a 15% or $50 change (whichever amount is greater) to the current amount of child support. A modification of a child support order often occurs when a party’s income increases or decreases. However, a child support modification may also be possible if the amount of day care or medical insurance changes substantially.

Since an award of alimony is based on one spouse’s need for the alimony and the other spouse’s ability to pay, the amount awarded may be modified if there is a substantial change to those factors.

Can I Modify A Time-Sharing Schedule?

Lastly, if children are involved in a case, time-sharing agreements can be modified. The party requesting the change has to first prove that there has been a substantial change in circumstances that was not anticipated at the time of the prior court order. After this factor is established, the party requesting the modification then has to show that the requested change is in the best interest of the child. It is important to note that the “best interest of the child” is not considered until after the “substantial change” has been established. There is no strict definition of what constitutes a “substantial change in circumstances.”

Contact A Jacksonville Modifications Lawyer About Existing Court Orders

Do you need to modify an existing child support, custody or spousal support order? Do you need to dispute a petition for a modification? With my 24 years of experience, I can help you. Contact me at my law office by calling 904-364-4565 or by sending me an email to schedule a consultation.