Modifications of Prior Orders
Substantial changes frequently occur following a divorce or following the judgment of paternity and child support determination. Florida law provides that the terms of settlement final judgment or order may be modified if there has been a substantial change in circumstances”. The substantial change must be permanent and cannot be voluntary.
The attorneys and staff of Brady Law Firm, P.A., are available to discuss your unique circumstances. Call us at: (305) 358-7688
The most common subjects of modification are alimony and child support. The changes are typically substantial decreases or increases in the income(s) of the party or parties as the result of an involuntary event such as job termination or demotion or based upon a loss in the profitability of a party’s business. The basics of the modification could also be substantial increases in income. The party seeking the modification must show that the loss of the job or decrease in pay was not their fault and was involuntary. In the event of a job loss, the change may not be virtually every set of circumstances is different. Our attorneys are available to discuss whether the changes in circumstances are “substantial changes” and whether a modification is appropriate.
Modifications to Child Support & Child Custody
The courts have evolved to view fathers and mothers as having equal rights to timesharing with children while continuing to follow “the best interests of the child(ren)” standard when determining timesharing and other issues of child welfare. In Florida, the timesharing and the number of overnights impact the amount of child support.
A modification of the timesharing and child support is often based upon the children spending more time or less time with a parent than what is contemplated by the time sharing or visitation schedule or in the event that a parent does not exercise the timesharing. The number of timesharing days scheduled and exercised by each parent is used to calculate the child support amount. In the event that a parent seeks increased timesharing, the parent may also request a change in the child support amount. Our attorneys and staff are available to discuss your particular circumstances and to determine whether they present a basis for a modification action.
Common Reasons to Modify Child Support/Child Custody
- If child/children are spending more/less time with a parent that was not contemplated by the time-sharing or visitation schedule
- If a parent does not exercise the timesharing
- If parent seeks increased timesharing
- If a change in financial needs for child/children occurs
- If there is deceit – failure to disclose assets/ did not report correct income
- If relocation occurs
- If employment status changes
- If parent remarries
- If parent is ill
- If child has special needs
Our attorneys and staff are available to discuss your particular circumstances and to determine whether they present a basis for a modification action.
A few unfortunate scenarios which may warrant a modification are parental abuse or parental misconduct detrimental to the wellbeing of children or drug use and/or alcohol abuse by a parent. The isolation or alienation of one parent by the other caused by one parent speaking negatively of the other parent or interference with a parent’s timesharing may also be the bases of a modification of timesharing and of other terms.
The lawyers at Brady Law Firm, P.A. also frequently defends parties against Petitions for Modification. There are several defenses and we will discuss those defenses available to you, based on your particular circumstances.
No matter is too big or too small. You can trust that your case is in the best hands. The attorneys and staff of Brady Law Firm, P.A., are available to discuss your unique circumstances and to determine whether grounds exist to modify your Final Judgment or the defenses available to you if you are served with a modifications of prior orders. Call us at:
(305) 358-7688

