When you divorced, you may have been awarded child support or alimony (also referred to as spousal support). However, if your circumstances or your spouse’s circumstances have significantly changed, there may be a case for alimony or child support modification.
First, if you were not awarded alimony, you cannot go back and request it. Florida law prohibits adding alimony after a divorce. However, if alimony was part of your divorce, whether you were ordered to pay it or if you receive it, the amount can be modified assuming there has been a “substantial change in circumstances.” A few examples of substantial change include:
- Former spouse getting a new job or promotion with a substantial increase in pay
- Suffering from long-term unemployment
- Remarriage (or cohabitation) of the person receiving alimony
- Significant changes in health status of one of the parties
- Evidence of fraud from either party
This is not an exhaustive list of changes which may allow you to modify your alimony. If you think you have a case for alimony modification, speak with your divorce attorney and ask for guidance.
Child Support Modification
Many of the reasons for requesting a change to spousal support may also be valid reasons to request child support modification. However, there are also additional reasons which may be considered. One includes a change in the cost of health insurance or a change in the provider of the health insurance. Initial calculations of child support include the cost of health insurance. When the party paying for the health insurance changes or the monthly premium significantly changes, this can lead to a modification of child support.
If the child drops out of high school prior to age 18, this may also lead to a change in child support. In most cases, the order for child support continues through the child’s eighteenth birthday and their graduation from high school. However, if that child drops out of school, whether he or she is 18 or not, child support may end.
Wagstaff Law Office Can Help
We are able to work with those who receive and make alimony and child support payments, and we assist with modifications post-divorce. Contact us for a confidential consultation, and we will review your circumstances together to decide on the best course of action for you. Reach us by calling (727) 584-8182 today.