Even with the most carefully drafted settlement arrangement, life circumstances may require a divorce modification. At Wagstaff & Pitelis, we can help you make adjustments to your original marriage dissolution arrangement after it has been finalized. Note that certain aspects cannot be modified while other areas can be re-examined if there has been a significant change of circumstance.
Possible Reasons for Divorce Modification
Since no one can foresee the future, you may find aspects of your divorce agreement that need tweaking in the midst of significant life changes such as a relocation, new marriage, career change, or unforeseen circumstances such as a financial emergency or disability. New laws and regulations may also call for a review of your settlement.
Often referred to as time sharing, custody may need updating as life changes with you, your ex-spouse, and/or your growing children. Sometimes, one parent may become unsuitable for custody because of an addiction or abusive behavior and new arrangements must be made. When your child is at risk, you should not delay taking action.
To make an adjustment in your parenting plans regarding time sharing or parental rights and responsibilities, you will need to present proof of a substantial change and why the requested adjustment is in the child’s best interest.
Relocation can create a lot of new problems or changes that will directly affect the original settlement. Laws vary from state to state, and even more so internationally. When one parent is moving away, a divorce modification may be necessary, and the ex-spouse who plans to move will first need permission from Family Court.
Adjustments in child support are a common cause for divorce modification. Fluctuations in income or health insurance or attempts to cheat on income disclosures can make it necessary to rework the original plan.
As with child support, alimony adjustments are often requested when there are career or income fluctuations. To make adjustments to the alimony order, you will need to show substantial changes in your finances or situation, such as illness or loss of a job. If a former spouse who is receiving alimony enters into a supportive relationship, maintenance may also be adjusted. Florida law permits permanent or temporary adjustments to alimony.
Creating modifications can be a complicated process. Rely upon the experienced attorneys at Wagstaff & Pitelis.
To schedule a consultation regarding divorce modification, contact us today at 727-584-8182.