The Three Most Common Reasons to Get a Post Divorce Modification in Florida
Most people feel a major sense of relief after finalizing their divorce. While it is often bittersweet, a finalized divorce lets both parties start to move forward with their lives. That being said, if the former spouses still have ongoing obligations to each other, a divorce agreement/judgment is not always set in stone—it may be modified.
Under Florida law (Florida Statutes § 61.14), you or your former partner will only be eligible to get a post divorce modification if there has been a “substantial and unanticipated change in circumstances.” Here are the top three reasons why people seek post divorce modifications in Florida:
- Child Custody Modification
In many ways, a custody or visitation agreement is never truly finalized—at least until your child becomes an adult. A parenting plan is always subject to modification. That being said, Florida courts have zero interest in re-litigating the same issues again and again. You cannot seek a post divorce modification of child custody or child visitation simply because you do not like the arrangement.
To be eligible for a modification, you must prove that there has been a significant and previously unforeseeable change in circumstances. Additionally, you must prove that your proposed custody/visitation modification is in the best interests of the child. Even if you are eligible for a modification, you are not guaranteed to get the specific arrangement that you desire.
- Child Support Modification
Similar to child custody & visitation, child support obligations are also subject to post divorce modifications. Once again, Florida courts will not alter child support payments—in either direction—without a good reason to do so. If you are seeking a post divorce child support modification, you must prove that circumstances have changed to a significant degree. Some common examples of a substantial change in circumstances that could justify a child support modification include:
- Increased or decreased income;
- The loss of a job; or
- A child’s medical needs.
- Spousal Support Modification
Finally, not all post divorce modifications involve children. If you are paying or receiving spousal support, a post divorce modification may be possible. To be clear, post divorce modifications will only be granted in a spousal support case if the petitioning party can prove that there has been a material, unanticipated change in circumstances that warrants a new arrangement. Some specific examples of things that may be good cause to get a spousal support modification include:
- Major loss in income/financial resources;
- The obligor’s medical problems; or
- The receiving spouse getting remarried or entering a new supportive relationship.
Contact Our Hillsborough County, FL Post Divorce Modification Lawyer Today
At Bubley & Bubley, P.A., our Tampa post divorce modification lawyers have the skills, training, and knowledge needed to represent you in post divorce modification cases. For a free review of your case, please contact our Tampa law office today. We handle post divorce modification cases throughout Hillsborough County, including in Plant City, Apollo Beach, Lutz, Northdale, Brandon, and Thonotosassa.