Providing Vigorous Counsel After Your Divorce Is Final
A final judgment of divorce in Florida does not always mean your troubles are over. Unanticipated obstacles may arise that interfere with or prevent one or more parties from complying with a court’s order. At the law office of Michael E. Golub, we strive to provide comprehensive education and advice to help you understand all available options and make the best decisions for your family.
Understanding How Post-Divorce Modifications Can Help You
The terms of a divorce can affect nearly every aspect of your personal and economic status. Following dissolution of marriage, you or your former spouse may face a change in circumstances that affects your ability to comply with the specific requirements imposed by the court. Post-decree changes can be made to orders involving:
- Child support – The court will only modify child support orders upon a showing of a substantial, material and unanticipated change in circumstances. The established child support guidelines may be the basis for proving a substantial change in circumstances if the difference between the established monthly order and the amount provided for under the guidelines is at least 15 percent or $50.
- Child custody and visitation – Modifications to child custody and parenting time arrangements must also be predicated by a substantial change in circumstances.
- Alimony – A substantial change in circumstances may also necessitate a change in the terms of an alimony award. However, bridge-the-gap alimony may not be modified in amount or duration. The amount of a durational alimony award may be modified upon showing a substantial change in circumstances but the length may only be modified under exceptional circumstances and may not exceed the length of the marriage.
How Does Relocation Affect Shared Custody And Parenting Time?
The relocation of a parent with primary residential custody is a common issue that often requires a post-divorce modification. The easiest and most cost-efficient way to resolve a relocation issue is through mediation that results in a mutual agreement. The agreement must reflect any changes that will be made to visitation schedules as well as transportation arrangements if necessary.
If a parent contests the relocation or another individual entitled to visitation, the court considers several factors, including:
- The nature, quality, duration and extent of involvement of the child’s relationship with each parent, siblings and significant persons in the child’s life
- The age, development and needs of the child and the likely impact the move will have on the child
- The feasibility of preserving the child’s existing relationships with each parent and other significant persons
- The child’s wishes if they have reached a sufficient age and maturity
- Each parent’s current economic and employment circumstances
The primary concern for the court will always be the best interests of the child. It is important to seek advice from a qualified family lawyer to ensure your rights are protected in the event of a significant change in circumstances.
Contact A Client-Focused Law Firm In Clermont and Tavares For A Complimentary 30-Minute Consultation
The attorneys at the law office of Michael E. Golub are dedicated professionals who care about your legal needs throughout each stage of the process. We work hard to put you in the best possible position for your specific circumstances.