Modification of Florida Child Support and/or Florida Alimony Payments
Broward County | Palm Beach County | Miami-Dade County
After a divorce has been finalized in Florida, the family law case is seldom over. Especially in the case of young children, there will be times over the year when one party decides that the time has come to seek a revision of the old determinations for monthly payments.
This can be a change in Florida child support payments. It may also be a change in Florida alimony payments. Both are monthly payments that must be made pursuant to Florida court order, and to change those payments, another Florida court order will be needed.
Any change in Child Support or Alimony means filing a formal Petition to modify the current court orders. It will entail gathering evidence just like in the divorce proceeding (witnesses, documents) and it may entail more than one hearing before the court where live testimony is provided before a Florida family law judge.
Changing Florida Monthly Alimony Payments: Florida Alimony Modification and Termination
In Florida, there are several different kinds of alimony but with each kind of spousal support, a Florida judge will be looking at evidence that provides a reason why the previously established alimony payment should be changed.
Florida judges may order a change in Florida alimony payments and spousal support for things like:
There’s a New Man (or Woman) in the Picture: Evidence of a New, Supportive Relationship
Times change and people move on. Florida laws have changed with the times, too, though. Now, it is possible to get a change in Florida alimony payments with evidence that the ex-spouse who is receiving alimony needs it less, because of a new, supportive relationship. Here, the Florida alimony may be reduced or even terminated.
Hard Times Hit Everyone, Sometimes: Change in the Ex’s Need or in the Ex-Spouse’s Ability to Pay
Florida has had a terrible hit to its economy over the past several years, and lots of people in Florida who were flush several years ago are having a difficult time making ends meet now. Florida law allows Florida alimony payments to be modified or terminated based on this change in the ex-spouse’s ability to pay. However, if the hardest hit spouse from the Florida economy is the spouse receiving alimony, then an increased need may be sufficient to warrant a court order increasing Florida alimony payments.
Retirement
In Florida, there are lots of retirees. The Sunshine State welcomes lots of people here, who move to Florida for their retirement years. And Florida law also recognizes that retirement can mean a big change in monthly income – and thereby be a basis for a change in a Florida alimony payment.
Modification of Florida Child Support Payments
Florida statutes govern child support payments in this state, and under Florida law there is an established standard for the judge to consider when hearing a request from a parent to change a child support order.
That legal standard is this: “a substantial change in circumstances.” Substantial means substantial: the court must be given evidence of a major change in things since the Child Support Order was entered.
This can be bad or good: the parent could have lost their job and not be able to find work, or the parent could have won the lottery. “Substantial Change” can be good or bad.
Additionally, if circumstances have changed since the Child Support Order and now, the child (or children) are spending their time differently — in other words, the parent paying child support has the kids a lot more now than in the past — then a change in that parent’s child support obligation may be awarded by the Florida judge.
Get a Free Consultation with a Broward County Family Law Attorney
Contact us to find out how we can help you. You can contact us by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment and learn more about your rights regarding monthly payments for alimony (spousal support) or child support after a Broward County divorce. We offer a free initial telephone consultation.
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Related:
Best Interests of the Child – Florida’s Child Relocation Law
Child Relocation: Adjusting the Parenting Plan in Florida