After you have successfully filed for divorce and the terms of your divorce agreement or final judgment has been implemented, it is possible to apply for a modification. If a significant change in circumstances has occurred that would warrant a modified child support, child custody or spousal support agreement, this may be grounds for you to change this to suit your current situation.
A South Florida modification lawyer at Orner Law, LLC can meet with you to discuss your concerns and what you are dealing with that you think should merit a modification. By thoroughly evaluating the matter, we can determine whether you have grounds for a Modification of Final Judgment. We can then assist you in applying for this modification so you have a divorce agreement that better suits your family’s needs. Our lawyers represent clients in all types of family law and divorce matters throughout all of Boca Raton and the surrounding areas in Palm Beach and Broward Counties, Florida – and we are standing by to see how we can help you.
Following are some examples of situations which may warrant a modification (although eligibility may vary on a case to case basis, depending on the particular circumstances of your unique matter):
- The relocation of one parent to another county or state
- A significant change in the economic circumstances of one or both parties
- One parent who is consistently failing to keep up with the terms of the divorce agreement
REMARRIAGE AND COHABITATION
We are often asked by clients who have been ordered to pay alimony whether the fact that the former spouse either has remarried or is now living with another person relieves them of the obligation to pay.
According to Florida legislation that took effect on January 1, 2011, a permanent alimony obligation ends upon the remarriage of the recipient, as well as upon the death of either party. An award of permanent alimony may be modified or, in some cases, terminated based on a “substantial change in circumstances” of either the paying party or the recipient.
An alimony order generally will not be terminated solely on the basis that a former spouse is cohabiting with another person, unless that was an express condition of the parties’ marital settlement agreement. In that case, the paying spouse must still file a petition seeking to terminate his or her alimony obligation, and must provide admissible evidence of the cohabitation.
The 2011 legislation mentioned above also allows a court to reduce or terminate a permanent alimony obligation if, since the time the original alimony award was made, the recipient has commenced residing in a permanent “supportive relationship” with another person to whom he or she is not related. Once again, the spouse obliged to pay must petition the court for a modification or termination of his or her obligation, and he or she must establish to the court’s reasonable satisfaction that such a relationship exists between the recipient spouse and a third person.
In making this decision, the court is obliged to look at all relevant factors, including (but not limited to):
- Whether the couple have held themselves out as being married by, for example, using the same last name, using a common mailing address or referring to each other as “my husband” or “my wife”.
- The length of time the couple has resided together
- The extent to which the couple have incurred joint debt or have pooled assets
- Whether the couple has purchased real or personal property in joint names.
POST-JUDGMENT MODIFICATION ATTORNEYS IN SOUTH FLORIDA
Change is a part of normal life. If your child custody, support or alimony arrangements are no longer working for you or are virtually impossible, please do not hesitate to contact our firm to learn more about a modification.
With offices in Boca Raton and Fort Lauderdale, Orner Law, LLC serves clients throughout South Florida.
Contact a South Florida divorce modification attorney at our firm for a case evaluation.