Spousal Support Modification

Life fails to remain static for us, our circumstances are sure to change over our lifetime and certainly since the final judgment of a divorce. These changes in circumstances can be grounds for spousal support modification in three important areas of a final judgment: Spousal Support (Alimony), Child Support, and Time Sharing/Contact Scheduling. However, as a general rule, property awards in a divorce are final and cannot be modified at a later date.

Spousal support modification is an area where experience counts and Charlie’s strong belief in Family Rights and his experience and continually updated knowledge makes a difference. Charlie’s access to current studies, leading experts, and Board Certification in Marital and Family Law, all point to the difference Charlie can make in Florida Family Law matters. His focus of over 30 years just happens to make him a leading expert. The benefit Charlie offers is an ability to obtain the best resolution of sensitive family matters and appropriate modifications of Spousal Support, Child Support and Time Sharing/Contact Schedules, based on the client’s unique situation and while acting in the best interests of the children.

Alimony or Spousal Support Modification:

As you might guess, modification means to either make an upward or downward change in the amount of financial support a spouse receives when there is a substantial change in circumstance for either the payor or the payee. This can include an involuntary decrease in income, a loss of job or work hours, an illness, an increase in salary, or a change of job.

To modify Spousal Support, the moving party must file a supplemental petition for modification with the court giving the other side an opportunity to prepare and be heard. The moving party will be required to show that there has been a substantial change in circumstance – the change was not anticipated or contemplated at the time of the final judgment – and that the change is sufficient, material, permanent and involuntary. Another ground for modification of Spousal Support exists if the payor can prove their former spouse is involved in a supportive relationship, in which their expenses are being paid.

Modification of Child Support:

Modification of child support means to either make an upward or downward change in the need of support a minor child may require. Florida law authorizes the court to modify child support on a variety of grounds, including: if the modification is found by the court to be in the best interests of the child; when the child reaches the age of majority; or, if there is a substantial change in the circumstances of the parties. The party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. When the court finds grounds for modification then it will recalculate the required child support payments.

Modification of Time Sharing/Contact Scheduling

For modification of a parenting plan, time-sharing schedule or parental responsibility, the circumstances must have substantially and materially changed since the final judgment and the child’s best interests justify the change being sought. Determining the best interests of the child is primary and requires an evaluation of all of the factors affecting the welfare and interests of the minor child. Modification therefore is highly dependent upon the unique situation of the family.

Purpose

We believe that each person and each case is different and that any process that tries to exact the same result as if we are not different and unique, becomes flawed and generally destined to fail. The way we approach Modification Actions follows this belief. We bring to bear current research surrounding family rights and issues, a continually updated knowledge of the law, and our access to an extensive network of experts to address your unique situation. Mr. Jamieson is committed to helping each family reach an amicable resolution, if possible. When it’s not possible, he is equally effective at reaching a fair resolution through assertive representation and using the Florida court’s powers of enforcement.


Meet with an Attorney

There is no substitute for a confidential one-on-one review and evaluation of your situation. We provide you with access to an online calendar so that you can reserve an open time for a meeting with Attorney Charles D. Jamieson. Online scheduling means that you can make appointments over weekends or after hours while finding a time that best accomodates your schedule. If you prefer, you are still welcome to call us at 561-478-0312 or use the online form.

LEGAL DISCLAIMER

(I am an attorney after all!) – The content on these videos is for informational purposes only and should not be construed as legal advice on any subject and is not intended as legal advice on your particular case. You should always consult with your own attorney before implementing anything you read or hear on the internet. The content of these videos does not create any legal relationship between you and me and it does not make me your attorney. All this being said, I hope you enjoy the videos.

-Charlie Jamieson

Does it Matter?

Charles Jamieson is a Board Certified Marital and Family Law Attorney in Florida.

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