Modifying a Florida Divorce Judgment
What can be modified in a Florida divorce judgment? Although the official term in Florida is dissolution of marriage, this article will use the term divorce to mean the same thing as dissolution of marriage.
Only certain parts of a divorce judgment may be modified. These parts are as follows:
- Child Support
- Child Custody
The following parts of a divorce final judgment cannot be modified:
Equitable distribution of marital assets and liabilities (property division).
In general, in order to modify any aspect of a divorce final judgment, there must be a substantial change in circumstances since the final judgment was entered. The law offices of West Palm Beach Divorce Modification Attorney, Jessica Mishali, has more than forty years experience with all types of post divorce judgment cases including modificaton of alimony,child support, custody and time sharing.
As in other areas, in order to modify alimony, it requires a significant change in circumstances since the time the current alimony award was made. Alimony is determined by the need of the party receiving alimony and the ability of the other party to pay. In order to increase alimony, the party receiving alimony must prove that he or she needs an increase and that the other party has the ability to pay more. If the only basis is that the paying party has an increase in income without a corresponding increase in need of the recipient party, it is not enough to justify an increase.
In order to decrease alimony, the paying party must show an involuntary and permanent decrease in income or that the receiving party no longer needs as much. A decrease in alimony can either be a decrease in the amount or a total elimination of alimony. A reduction in income alone will not justify a decrease in less you can also show that the decreased income leaves you unable to pay the current amount.The law offices of West Palm Beach Divorce Modification Attorney, Jessica Mishali has over forty years experience handling modification of alimony cases.
Child support is determined by the use of the child support guidelines. An increase in child support may come about as the result of the increase in income of the payer parent or a decrease in income of the recipient parent. A decrease in child support may take place where the paying parent has an involuntary and permanent change in income or the recipient parent as an increase in income. The child support guidelines can also be a basis for a modification of child support. The law offices of West Palm Beach Divorce Modification Attorney, Jessica Mishali, can be contacted at (561) 833-2772 for a consultation.
On October 1, 2008 the Florida legislature enacted the most far reaching changes to parental responsibility in 26 years. The terms " custody"," primary residential parent", and "rotating custody" have been deleted. Every case, now, requires a detailed parenting plan. Visitation is now referred to as time sharing. Thus, instead of modifying custody as in the past, parents will now return to court to modify the parenting plan and the associated time sharing schedule. Parental responsibility and child issues are the most emotionally charged issues of all issues in a divorce case and a subsequent modification of the final judgment.
Please call our office at (561) 833-2772 for a consultation or contact us online.