Modification of Custody / Child Support / Alimony

When there has been a substantial and material change in circumstances after a final judgment of Paternity or Dissolution of Marriage, either party may petition the court for a modification. Florida courts have made it very clear that there must be a substantial, material, unforeseeable, and involuntary change in circumstances that was not contemplated at the time of the final judgment for a petitioner to be successful in modification proceedings. In the case of a child support modification, examples of substantial changes would include a change in income for either parent, change in the overnight parenting pattern, change in expenses, etc. In order for a child support petition to be considered in Florida, the modification would need to result in a change in support of at least $50 or 15%, whichever is greater.

When determining if the petitioner has successfully plead a substantial change in circumstances regarding a child time-sharing arrangement, the court will look to the best interest of the minor child or children as stated in the Florida statute 61.13. In the case of a child custody modification, a “substantial change in circumstances” could include an injury, illness, addiction development, significant move in location, etc. Any of these examples are instances that could negatively impact one’s ability to parent, thereby altering what is in the best interest of the child or children. Additionally, Florida statute 61.14 governs a party’s burden when requesting an increase or decrease in child support Fort Myers, Child Custody Fort Myers, or alimony. The financial ability of the obligor can certainly be a factor in a modification proceeding for reducing alimony or child support. In the event of an alimony modification, substantial changes required for the petition may include a significant compensation raise, health issues, lottery winnings, payee gets remarried, payor retires, etc. In either case, the change must be permanent, involuntary, and material for the petition to be considered.

Florida does not have laws that recognize separation as a legal status. Child support Cape Coral, Child Custody Cape Coral, parenting time schedules, alimony, etc., can be legally established in a separation agreement even if divorce does not follow. Life happens; people move, change jobs, get laid off, fall ill, and get remarries. During these times, support needed for your family inevitable changes with it, and it is necessary for legal changes to occur. While people wish for this to be a simple process, there are many gray areas and specificities involved in these modification cases that can certainly be confusing to anyone inexperienced in family law. A professionally experienced Family Law AttorneyMellany Marquez-Kelly, can help you navigate the complexities of the legal system in reaching any modification determination that is fair and will protect your rights. In any court related event involving children or means of living, Melany Marquez-Kelly understands the high stakes and emotions involved and will commit her time to making sure you and your family are properly taken care of.


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