Melbourne Divorce Modification Attorney
A final judgment isn’t always the final word. When there’s a substantial and material change in circumstances, court orders involving child custody, alimony, or child support often must be updated to reflect the family’s current situation. A divorce modification attorney in Melbourne, FL, can help request or fight changes to existing orders, ensuring that the post-divorce modification is justified and protects your rights.
Contact us today to schedule a consultation with an experienced Melbourne family law modification lawyer. Call 321-725-3425 or use our contact form.
Legal Grounds For Divorce Decree Modification In Brevard County Courts
Changing circumstances don’t always justify reconsidering divorce decrees. Courts require a significant change in circumstances before they’ll alter a final judgment. Judges expect petitioners to prove a substantial and material change in circumstances with evidence.
Florida's Substantial Change and Material Change in Circumstances Requirement
Post-divorce modification requires an involuntary, substantial, and material change in circumstances that wasn’t considered when the final judgment for the original divorce decree was entered. Additionally, the significant change cited must be permanent. Temporary financial situations or short-term hardships typically don’t justify post-judgment modifications.
Burden of Proof in a Florida Divorce Modification Case
The party seeking to modify a divorce decree bears the burden of proof. They must provide evidence establishing a substantial and material change in circumstances.
For post-judgment modifications involving child support or child custody orders, state courts must also find that the proposed court order is in the child’s best interests.
What Can't Be Changed After a Final Judgment
Equitable distribution of assets and debts, lump-sum alimony, and negotiated property division settlement agreements typically can’t be modified after the divorce decree is finalized.
Generally speaking, modifiable court orders focus on ongoing obligations, such as financial support and child custody orders, rather than a one-time property division case.
Florida Law Changes Affecting Divorce Modifications
Laws signed in the past few years have reshaped how clients modify a divorce decree in two ways:
How SB 1416 affects spousal support obligations:
- Retirement-Modification: An ex-spouse who reaches the standard retirement age for their profession may seek to reduce or terminate alimony payments. Courts must consider the age, health, and financial resources of both parties.
- Supportive Relationships: The law now requires courts to reduce or terminate alimony when a supportive relationship exists. Also, the spouse now receiving payments must prove that the payments are necessary to maintain financial stability.
- Duration Caps: The state eliminated permanent alimony and capped durational alimony (based on marriage length)
How HB 1301 affects parenting time:
- Rebuttable Presumption of 50/50 Parenting Time: The state now presumes that equal parenting time is in the child’s best interests, and the other parent must rebut with evidence.
- Removal of the “Unanticipated” Requirement: Parents don’t need to prove the material change in circumstances was unanticipated when the original order was issued.
- Relocation Within 50 Miles: A move under 50 miles can now qualify as a material change in circumstances.
Common Reasons For Family Law Order Modification in Brevard County
Material changes in circumstances related to financial situations: Involuntary layoffs, job or income loss, or other issues affecting one party’s financial stability. Voluntary under-employment typically doesn’t justify an alimony or child support modification.
Remarriage or Cohabitation: Under Florida Statute § 61.14, if a spouse remarries or cohabits in a supportive relationship, the state must reduce or eliminate alimony payments.
Relocation: When the other parent moves, parenting time agreements may be modified.
Material changes in circumstances related to health or medical needs: If the other party suffers a disability or medical issue, or if medical expenses increase after the original divorce decree, this often warrants an alimony or child support modification.
Types of Post-Divorce Modifications Our Family Law Attorneys Handle
Spousal Support / Alimony Modifications
When the other party experiences a material change in circumstances that affects their financial stability, this may be a reason to modify an existing court order for bridge-the-gap, rehabilitative, and durational alimony. This often occurs when a receiving ex-spouse enters into a supportive relationship or remarries, or the paying ex-spouse reaches retirement age.
Our Melbourne divorce modification attorneys help clients pursue alimony reductions, terminations, defenses against modification petitions, and other issues related to modifying alimony in Brevard County.
Child Support Modifications
Under Florida Statute § 61.30, a material change in circumstance for modifying child support agreements is at least 15% or $50 per month, whichever is greater. Our divorce modification attorneys in Melbourne, FL, often handle cases involving changes in the other parent’s income, health insurance, childcare costs, or minors aging out of the system. For more information on child support modification in Brevard County, consult our experienced law firm.
Child Custody Modifications
Child custody modification in Melbourne, FL, requires evidence of a material change in circumstances and also showing that modifying the agreement is in the child’s best interest. Modifying time-sharing often involves changes in the child’s needs, parental alienation, substance abuse, or other safety concerns.
Parenting Plan Modifications After a Florida Divorce
Parents no longer have to prove that material changes in circumstances were unanticipated. However, to modify parenting plans in Melbourne, FL, especially if petitioning to change equal parenting time limits, the party seeking modification must demonstrate that modifying the parenting plan is iin the child’s best interest. For more information, call an experienced family law order modification attorney in Melbourne, FL.
Petition to Relocate With Child
Under Florida Statute § 61.13001, when a parent wants to relocate with a child, they must either obtain the other parent’s written consent or file to modify the existing court order before moving. Relocating less than 50 miles away can qualify as a substantial change in circumstances, justifying a post-judgment modification. When evaluating child relocation in Melbourne, FL, courts consider each party’s concerns and reasons for moving, along with other factors.
Contempt-Related Modifications
When an ex-spouse fails to meet financial support obligations, ignores parenting plans, or otherwise violates the final judgment, certain legal actions can compel compliance and, in some cases, qualify for post-divorce modification.
Our Melbourne divorce decree modification services help hold ex-spouses accountable and defend those unjustly accused of contempt in Brevard County family courts. This includes:
- Child Support Enforcement in Brevard County
- Parenting Plan Enforcement in Brevard County
- Alimony Enforcement in Brevard County
We also defend against and help enforce debt allocation and property division orders, attorney’s fees and costs, and other complex compliance family law matters.
Process for Modifying a Divorce Decree in Brevard County, Florida
- Filing for Post-Divorce Modification: The action begins with filing a supplemental petition, including a current financial affidavit and other related documents, to change the final judgment in prior divorce proceedings.
- Ex-Spouses are Served: The other party is served and typically must respond within 20 days.
- Mediation Requirements: Both parties enter into mediation to address concerns and work to negotiate differences with a mediator. This is required in the Brevard County family court.
- Final Hearing at the Moore Justice Center in Viera: If either party contests, the case proceeds. Here, a judge issues a final order.
Having family law attorneys to deliver skilled advocacy is crucial throughout this process.
How Much Does It Cost to Modify a Divorce Decree in Brevard County?
The cost of modifying a divorce decree varies depending on the complexity of the situation and whether expert witnesses are required. To complete the process, parties will need to pay Brevard County Clerk of Court filing fees, service-of-process fees, mediator fees, and attorney’s fees. Uncontested divorce decree modifications are significantly less expensive than fully litigated trials.
How a Melbourne Family Law Modification Lawyer Can Help
A family law modification attorney in Melbourne, FL, can determine whether you have grounds to take action under Florida’s material change in circumstances standards, gather the documentation that family law courts expect, file a persuasive supplemental petition, use our expertise to advocate for you in mediation, and present your case clearly at the final hearing.
Contact a Divorce Modification Lawyer in Melbourne, FL
A significant change in circumstances often necessitates post-divorce modifications. To determine if your changing circumstances qualify, contact a Brevard County divorce modification lawyer today to schedule your consultation. Call 321-725-3425 or use our contact form.