Generally, upon divorce, the Court issues an order addressing the issues of alimony, child custody, and child support based on the parties' circumstances and financial situations. However, as time goes by, people's circumstances and situations change. This change may warrant a modification of the Court order.
If your life circumstances (major health issues, loss of a job, increase or decrease in income, etc.) significantly change, the Florida courts will generally modify your alimony, child custody, or child support order to reflect your new situation as long as the change is substantial, permanent, and involuntary.
According to Chapter 61 of the Florida Statutes, most types of alimony may be modified or terminated if the court finds "a substantial change in circumstances." This substantial change has to be material, unforeseen, permanent, and involuntary (although in certain circumstances, a change in circumstances that is voluntary may warrant a modification of an alimony award.)
Major health issues, long-term unemployment, and major increase or decrease in income are examples of what courts have found to be a substantial change in circumstances.
Florida courts require a "substantial change in circumstances"
to modify a timesharing/child custody order. In addition, the parent petitioning
for modification must show the court that the proposed changes are in
the best interest of the child.
As custody battles tend to be highly litigated, you need a Child Custody Modification Lawyer who has the knowledge and the experience to guide you through the modification process. At The Law Offices of Jonny Kousa, P.L., we will examine your situation, thoroughly review your child's living arrangement, and prepare a persuasive presentation to support your argument that a substantial change in circumstances has occurred and that the Court should modify the current custody order.
Unfortunately, many parents in Florida are not aware of the circumstances that may warrant a modification in the monthly child support amount they pay or receive. The court will generally modify a child support award if it finds that there has been "a substantial change in circumstances." This substantial change has to be material, unforeseen, and continuing in nature, meaning that it has to change the child support amount by at least 15% or $50.00, it was not recognized during the earlier court proceedings, and it affects long term net income.
Significant changes in the amount of money you earn and/or the amount of time you spend with your children generally meet the substantial change in circumstances standard. If you earn more money and/or spend less time with your children, your child support payment may increase. On the flip side, if you earn less money and/or spend more time with your children, your child support payment may decrease.
Call (954) 626-8071 today to get in touch with Coconut Creek family lawyer Jonny Kousa.