The Law Offices Of Platt Cole Russell & Simpson PLLC

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The Law Offices Of Platt Cole Russell & Simpson PLLC

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Platt Cole Russell & Simpson attorneys

Melbourne Custody And Support Modification Attorneys

Last updated on August 19, 2024

Modifying child custody and support orders is more common than you may think. It’s natural that as time goes on after a divorce, you may need to revise your custody and support arrangements to better fit with your current lifestyle.

If that’s the case, then you need a child custody modification attorney who can help you navigate the modification process. Our family law attorneys at Platt Cole Russell & Simpson PLLC are familiar with the steps necessary to request modification and achieve a positive outcome for you and your family.

Understanding Custody Modifications In Florida

Court orders, such as divorce decrees and agreements on child custody, child support and alimony, remain in effect until they are modified, and they must be modified legally to be upheld and enforced in court. Verbal agreements between parents are not enforceable in court.

A post-decree modification is an alteration of a court order to reflect changing circumstances. If you have been laid off and are no longer able to meet your alimony obligations, a modification should be sought to avoid incurring alimony or child support arrears.

Up until 2023, you needed a substantial change of circumstance to request modification of custody. However, the new child custody laws state that you no longer need to prove a substantial or unanticipated change in circumstances to seek modifications. As long as the modification is within the child’s best interests, you are able to pursue the modification with the court. Our custody modification lawyers can help you prepare for the modifications hearing.

Examples Of Modifications

There are many reasons to consider modifying an existing custody or support agreement. These are some of the most common:

  • The children’s needs have changed, and the modification alters the custody agreement.
  • One parent has experienced a major increase or decrease in income, so the modification raises or lowers child support.
  • One parent retires and wants alimony payments to reflect the change in income.
  • One parent is having trouble with alcohol, drugs or mental health, and the modification seeks supervision of that parent’s time with the kids.
  • There is a need to protect the children from harm by one parent. Emergency motions and/or injunctions can also be filed if children are in immediate danger.

Support And Custody Modifications For Brevard County

If you take a shortcut and alter the existing agreement between yourselves without a court order, you will find that you still legally owe the original alimony payments. Your informal agreement will be irrelevant.

Unless agreed to by the parties, the courts require that the proposed modifications be substantial. In child support modifications, the change in monthly payment must amount to a 15% change or a minimum of $50, whichever is greater.

We Can Help Your Modifications Case

Platt Cole Russell & Simpson PLLC of Melbourne, Florida, is experienced in post-decree modifications and has helped hundreds of clients on both sides – both pursuing a modification and defending against a petition for modification. We also assist with enforcement and contempt proceedings when the other party is not complying with court-ordered visitation/time-sharing orders.

Contact us by email or call us at 321-725-5638, toll-free at 844-585-0202. Our lawyers will help you through these changes.