Josh and his team proved their track record. I hired him at 9am and they appeared for me by 1pm the same day. Highly contested paternity case, turned dependency nightmare. He faught hard in a short time and got the results I needed. My baby back. Josh and his associates are kind, patient, diligent and aggressive. They are human. I trusted them through the whole process. I was kept informed and they faught with passion. I’d rehire josh and his team any day. It was well worth the money spent. – Rochelle
Post-Judgment Modifications: When and How to Modify Child Support and Alimony
Post-judgment modifications of child support and alimony are often necessary due to changes in circumstances that occur after the initial divorce decree. Understanding when and how to modify these support orders is crucial for ensuring that the financial needs of both parties and their children are met.
When to Modify Child Support and Alimony
- Significant Change in Income: If either party experiences a significant change in income, such as job loss, promotion, or substantial salary increase, this may warrant a modification. The court typically considers a change of 15% or more in income as substantial.
- Change in Child’s Needs: As children grow, their needs change. Increased expenses for education, healthcare, or extracurricular activities can necessitate a modification of child support.
- Health Issues: If either party or the child develops significant health issues requiring additional financial support, this can be a valid reason for modification.
- Remarriage or Cohabitation: Remarriage or cohabitation of the receiving spouse can impact alimony payments. The financial support from a new partner can lead to a reduction or termination of alimony.
- Relocation: If the custodial parent plans to move a significant distance, this can affect the current child support and visitation arrangements, potentially requiring a modification.
How to Modify Child Support and Alimony
- Review Your Current Order: Understand the terms of your current support order. This will help you determine what changes are necessary and whether you meet the criteria for a modification.
- Document the Change in Circumstances: Gather evidence to support your claim of a substantial change in circumstances. This can include pay stubs, tax returns, medical bills, or any other relevant documentation.
- File a Petition for Modification: Submit a formal petition to the court requesting a modification of the support order. This petition should include detailed reasons for the requested change and supporting evidence.
- Serve the Other Party: Ensure the other party is formally served with the petition. This gives them the opportunity to respond to your request for modification.
- Attend a Hearing: Both parties will attend a court hearing where they can present their case. The judge will review the evidence and make a decision based on the best interests of the child and the fairness of the proposed alimony adjustment.
- Work with an Attorney: Navigating the modification process can be complex. An experienced family law attorney can provide guidance, help prepare your case, and represent you in court.
Why Choose Brodie & Friedman, P.A.?
- Experienced Legal Team: Our attorneys have extensive experience handling post-judgment modifications, ensuring your case is presented effectively.
- Personalized Service: We understand that each situation is unique. We provide tailored legal strategies to meet your specific needs.
- Comprehensive Support: From initial consultation to court representation, we offer comprehensive legal support throughout the modification process.
- Proven Success: Our track record of successful modifications speaks to our commitment to achieving favorable outcomes for our clients.
FAQs
- What constitutes a substantial change in circumstances? A substantial change in circumstances typically involves a significant change in income (15% or more), health issues, changes in the child’s needs, or the custodial parent’s relocation.
- How often can child support or alimony be modified? There is no set limit on how often you can request a modification. However, the court will only grant a modification if there is a substantial change in circumstances.
- Can child support be increased if the non-custodial parent’s income increases? Yes, if the non-custodial parent’s income significantly increases, the custodial parent can request an increase in child support to reflect the higher income level.
- How long does the modification process take? The duration of the modification process varies depending on the complexity of the case and the court’s schedule. It can take several months to reach a resolution.
- Can alimony be terminated if the receiving spouse remarries? Yes, in many cases, alimony can be terminated if the receiving spouse remarries. However, specific terms depend on the original alimony agreement and state laws.
Modifying child support and alimony is a necessary step in ensuring that financial support arrangements remain fair and adequate over time. By understanding the criteria and process for modification, and seeking experienced legal assistance, you can navigate these changes effectively.
If you need assistance with modifying child support or alimony, contact Brodie & Friedman, P.A. today to schedule a consultation with an experienced family law attorney in Boca Raton. Ensure fair support arrangements for your future.
“Adapting to Life’s Changes with Skilled Legal Guidance.”
Contact
561-392-5100
Mon – Fri, 9AM – 5PM
[email protected]
1675 N. Military Trail, Suite 730 Boca Raton, Florida 33486- Zoom consultations are available.