Your life may have changed since your divorce. Your children may have developed special needs. Your income since your divorce may have decreased. Changes like these may require that the final judgment entered in your divorce be amended.
A divorce modification attorney with Christopher M. Sprysenski, P.A. is ready to help you determine whether you can change your or your former spouse’s obligations in your divorce. Determining whether you can change your timesharing with your kids, or the financial obligations to your child or your spouse is a fact intensive process. Our firm provides clarity to what can be a confusing process on your own.
In Florida, a court retains the power to modify a child support or alimony award or order after the entry of a final judgment of divorce. Additionally, courts always have the ability to modify a timesharing agreement or order if it is currently not within the best interests of a child..
For any change to either financial support or timesharing with children, a divorce modification attorney must present evidence to the court that there has been an actual and substantial change in the circumstances of the spouses or parent since the entry of the final judgment. This continuing jurisdiction of the court does not apply to agreements made by parents or spouses after the final judgment, or as to agreements not contained and adopted in the final judgment. For agreements reached after the final judgment, the parents or spouses will need to request that the court amend or supplemental the final judgment with the new agreement.
If you and your former spouse cannot agree as to a modification, then a divorce modification attorney will need to file a supplemental petition with the court requesting the change. A court can award the party requesting a change a temporary change until a final hearing. For temporary timesharing changes, the party requesting the change must satisfy a two-part test. First, there must be substantial evidence of the substantial change in circumstances. Second, there must also be substantial evidence that the modification is in the children’s best interest.
If substantial evidence supports a modification of a financial obligation like alimony or child support, then a divorce modification attorney should also help you understand when the modification will be effective. For both child support and alimony, the court should make the modification retroactive to the time that the petition requesting the modification is filed. If the court does not make the modification retroactive, a divorce modification attorney should argue that the court has abused its discretion, and potentially appeal the decision of the court.
At Christopher M. Sprysenski, P.A., we pride ourselves on the level of service we provide to our clients. For modification proceedings, a divorce modification attorney will work with you to understand the soonest date the modification should apply. We work with our clients to prepare timelines and gather supporting documents to have the greatest chance at success for your modification.
Ready to file your modification petition? Allow a divorce modification attorney with Christopher M. Sprysenski, P.A. show the court why your final judgment should be modified. Call us today at 407-630-8485. We offer payment plans and accept all major credit cards.