Divorce Modifications and Eligibility
If the New Year has you thinking about a divorce modification, you’re not alone. Whether you are wanting a Judge to revisit a child support final order, timesharing matter or if you have had an unforeseen, substantial and permanent change that warrants an alimony modification, now may be the time to seek out legal counsel to help you to determine whether it is feasible to consider filing a supplemental petition of modification with the courts so a Judge can revisit your case.
If your case is in the 6th Judicial Circuit Family Court in Pinellas County or Pasco County, Family Law Attorney Wendy Doyle is available to consult with you about whether you have a case to file a supplemental petition for modification. The Florida Statutes are quite clear about when and why you should seek out child custody, timesharing, child support or alimony modifications, there are often times very sound reasons why petitioning the courts would be beneficial. The first step is to consult with an experienced Florida family law attorney who can provide you with sound legal advice and representation should you decide to go forward with petitioning the courts for relief.
Florida Statutes states that there must be a “substantial change in circumstances” that was unanticipated at the time the alimony was ordered by the court. The change must be permanent, involuntary, and material and must not be pre-designated as non-modifiable alimony. Remember, both the payor and the recipient can petition the courts for an alimony modification. If you decide to go forward, and your case is not settled in mediation, it will go to trial and you may possibly be granted a new order under the following circumstances if the Judge feels you have proven your case. In these cases, it is essential to have a skilled Florida family law litigator to represent you.
- Alimony – A Few Reasons That Could Support a Downward Modification
- Long-term unemployment that is involuntary
- Payer’s long-term involuntary decreased ability to pay, such as when due to health or employment problems or retirement of the payor
- Substantial increase in pay
- Gifts of substantial monetary value
- Large inheritance or winnings from Lottery
- Availability and cost of medical insurance
- Remarriage (Of the recipient)
- Fraudulent claims or information from the recipient when alimony was established
Remember, it’s always best to seek a divorce modification if you are having trouble keeping up with alimony or child support payments. If you do not pay, you will very likely end up in court and you could face jail time, license suspensions, and other fines and costs. For legal advice and a consultation, contact Wendy Doyle family law attorney. Serving clients from Hudson, Florida to St. Petersburg, Clearwater, and Largo in the 6th Judicial Circuit Courts.
Answering a Supplemental Petition to Modify – If you have been served with a petition to modify alimony, child support, child custody or other divorce modification, time is of the essence. You must properly submit your answers to the courts and other parties involved. Before you do so, it’s generally wise to seek the advice of a family law lawyer if you are unsure of how to answer the courts. When it comes to alimony modifications, the courts may rule in ways that can effect your financial future.
Wendy Doyle is a family law attorney representing clients in Tarpon Springs, Trinity, Palm Harbor, Holiday, Hudson, and Spring Hill. If you are in West Pasco or Pinellas County, getting the legal representation you deserve for modifications can be crucial to your finances and the well being of your family. Contact Wendy Doyle, Pasco County divorce attorney for a free initial consultation at (727) 824-5727 or use our form to reach out for more information.