MODIFICATION
Tampa Bay Family Law
Modification Attorney
In today’s economy, nothing seems certain. One day you may have a stable job providing a steady income. The next thing you know, your job becomes one of the many losses that millions of Americans are facing every day. When faced with this adversity, your spousal or child support payments may become more than your income is able to handle. Other life changes may necessitate a modification of divorce or custody orders. Contact our Tampa Bay child, spousal, divorce or custody modifications attorney today.
Divorce
Child custody
Child Support
Dependency
Alimony
Paternity
It’s important to note that you are not allowed to stop making support payments without the permission of the court. Reducing or stopping payments on your support obligation can have significant consequences. This includes a contempt of court determination, which may result in jail time. For this reason, it’s important for you to secure the services of a Tampa Bay modification attorney to properly file for a modification of your support order by the court.
If you have found yourself in a position where you are unable to fulfill the financial obligations you have to your child or to your ex-spouse, we can help. Modifications to existing child support and alimony orders are available when there has been a significant change of circumstances in the lives of either party. Alimony and child support modifications have become increasingly common as a result of the current economic downturn.
Child Support Modification
The court can modify your child support obligation if a substantial change in circumstances exists. Some examples of changed circumstances include:
More overnights with the child;
Increase in income for the parent receiving support;
Decrease in income for the parent paying support;for the parent receiving support;
Three years have passed since the most recent order;
The child develops severe health problems; and
The child develops severe learning disabilities.
Spousal Support Modification
The court can also modify a spousal support order if a substantial change of circumstances is proven. It’s important to note that a modification is only possible if an alimony order was issued at the time of divorce. If there was no alimony ordered, then there is nothing to modify. Possible reasons for a modification of child support include:
More overnights with the child;
Substantial change in income;
Lottery winnings;
Remarriage of payee; or
Determination of fraud perpetrated by the payee or payor.
Voluntary underemployment;
Small improvements in the payee’s financial situation; or
New expenses for the payee resulting from a subsequent marriage.
Divorce or Custody Order Modifications
Unless stated otherwise, most divorce agreements are subject to modification and adjustment. It is often necessary to modify the terms of an agreement as the years pass, and as people and circumstances evolve. Some circumstances that necessitate a modification in divorce or custody orders, include:
Significant increases or decreases to income;
The children start spending more overnights with the noncustodial parent;
The custodial parent is seeking to relocate out of the area;
Allegations of child abuse or neglect;
Significant behavior changes by the child; and
Criminal behavior by the parent.
The Process
As stated earlier, you cannot unilaterally modify an order of the court. You must first obtain permission from the court. This is accomplished by first filing a petition in the jurisdiction where your order originated. You must serve the petition on the other parent or ex-spouse, and give the party time to file an answer. If the request is uncontested, the court may accept a consent agreement signed by both parties for a modification in spousal support or a divorce order. Modifications to child support generally require at least one appearance before the court. If the modification request is contested, then both parties must go through the trial process, including discovery, mediation and trial appearances. This is why the assistance of an attorney is vital to your case.
To learn if your situation qualifies you for a modification, contact us to speak with one of our professional Tampa Bay modification attorneys. Our Tampa Bay family law modification attorney are here to help you achieve the results you need.
Frequently Asked Questions (FAQs)
What types of court orders can be modified in Florida?
In Florida, several types of family law court orders can be modified, including child support, spousal support (alimony), child custody, and parenting plans. Modifications are typically granted when there is a substantial change in circumstances that makes the current order no longer fair or feasible. At Cynthia Hernandez Law, we help clients evaluate their situations and determine whether they qualify for a modification under Florida law.
What qualifies as a “substantial change in circumstances” for modifying support or custody orders?
A substantial change in circumstances must be significant, involuntary, and ongoing. Common qualifying changes include:
Loss of employment or significant reduction in income
Increase in the other party’s income
Health issues or disabilities affecting either parent or child
A shift in the number of overnight stays with the child
The child’s evolving needs (e.g., special education or medical conditions)
The custodial parent relocating
Attorney Cynthia Hernandez can assess your case and help you present the necessary evidence to support a modification request.
Can I stop making payments if my financial situation changes before a court approves my modification request?
No. You are legally required to continue making payments as ordered until the court formally modifies your obligation. Failing to pay can result in serious consequences, including contempt of court charges, driver’s license suspension, wage garnishment, and even jail time. That’s why it’s critical to consult an experienced Tampa modification attorney like Cynthia Hernandez as soon as your financial circumstances change.
How do I request a modification of a court order in Florida?
To request a modification, you must file a petition in the same jurisdiction where the original order was issued. The petition must outline the substantial change and provide supporting documentation. The opposing party must be served and given a chance to respond. If both parties agree to the change, the process may be handled more quickly through a consent agreement. If contested, it could involve mediation, discovery, and possibly a trial. Cynthia Hernandez Law will guide you through each step to ensure your petition is filed and argued effectively.
Is it possible to modify custody or time-sharing agreements without going to court?
If both parents agree to the new terms, it may be possible to submit a mutual modification agreement to the court for approval, which often avoids the need for a hearing. However, all custody or time-sharing changes must still be approved by a judge to ensure they are in the best interests of the child. Our team at Cynthia Hernandez Law can help draft and submit your agreement or represent you in court if a dispute arises.
We have more than 15 years of experience helping clients modify their existing child support, alimony and time sharing agreements. Contact us online, or call us at 813-841-2933 to schedule a free initial consultation.