Winter Park Modifications Lawyer
During a divorce, a number of different terms are decided on. These include time-sharing schedules, child support, and alimony. Although the orders issued at the end of a divorce case are final and legally binding, they are not necessarily written in stone. Individuals can obtain a modification, but they must go through the courts first. Anyone who does not comply with a court order will face serious penalties. A Winter Park modifications lawyer will help you petition the court for a change and give you the best chance of a successful outcome.
You Must Show a Substantial Change in Circumstances
Family law judges do not easily change previous court orders. Before obtaining a modification, you must show that there has been a substantial change in circumstances. For example, you may have been ordered to pay $1,000 a month in child support. If you suddenly lose your job, that is a substantial change in circumstances that could convince a family law judge to make a modification.
In order for a change in circumstances to be considered substantial, it must be of a permanent or near-permanent nature. You must also show that the change in circumstances could not have been predicted at the time the original order was issued. A lawyer can collect compelling evidence to prove these facts to the court.
The Best Interests of the Child
When petitioning the court to modify orders regarding child issues, such as time-sharing or support, the change must be in the best interests of the child. The family courts will take a number of factors into consideration when determining the best interests of the child. These include:
- The physical and emotional safety of the child
- Whether the change would require the child to change schools or disrupt their current schedule
- Whether the change would negatively impact the relationship between the child and either of their parents
- The preference of the child, when they are of a certain age and maturity
- The community, school, and home of the child
- The development stage and future needs of the child
- Any history of domestic violence
- The ability of each parent to participate in the child’s extracurricular activities and academic life
School records and witness testimony are often important pieces of evidence when proving the change is in the best interests of the child.
Alimony Modifications
The family courts will take many other factors when modifying an alimony order. These include:
- Long-term unemployment
- Any health issue one party is suffering from
- Substantial raises and promotions
- Access to medical insurance
- Retirement
- Remarriage
- Substantial inheritances or gifts received
Moderate improvements to a payor’s wages or financial situation are generally not enough to qualify for a change. Also, some types of alimony in Florida are considered non-modifiable.
Our Modifications Lawyer in Winter Park Can Help with Your Case
If you have experienced a substantial change of circumstances since your divorce, our Winter Park modifications lawyer can help. At Anderson & Ferrin, we will present arguments in your case and back them up with strong evidence to give you the best chance of success with your case. Call us today at 407-412-7041 or contact us online to schedule a free consultation.
