Brickell Divorce Lawyers

Attorneys Helping Clients Navigate Divorce in Brickell, Miami, FL

Divorce is a life-altering event that will require you to make adjustments to your finances, your living situation, and your daily routines. You and your spouse will need to make decisions about how financial issues will be handled. If you are parents, you will need to establish arrangements that will allow you to share custody of your children. You may also need to establish financial support arrangements and address a variety of other issues.

Following your divorce, circumstances may change in your life, your ex-spouse's life, and your children's lives, and the terms set out in your original divorce decree may need to be adjusted. In Florida, post-judgment modifications allow ex-spouses to seek changes to their divorce agreements after the final judgment has been issued. Understanding how this process works, the reasons modifications may be necessary, and the procedures for making these changes can empower you to adapt your arrangements to suit your current situation.

The legal professionals at Miami Family Law Group, PLLC know better than anyone how intimidating the divorce process and the process of modifying a divorce decree can be. Going through a divorce is hard enough once, and going back to modify the decree can fill even the most confident person with feelings of dread. With our personalized legal guidance, you can feel confident as you take steps to modify your decree to address whatever life throws your way.

What Are Post-Judgment Modifications?

Post-judgment modifications refer to legal changes made to the terms of a divorce decree after it has been finalized by the court. These modifications can apply to various aspects of a divorce agreement, including child custody, visitation, child support, and alimony. It is essential to note that modification requests must be supported by appropriate evidence demonstrating the need for the change.

Key considerations in these cases include:

• Legal standard - In Florida, a post-judgment modification typically requires you to show that there has been a substantial change in circumstances since the original decree was established.
• Not automatic - Modification requests will not be granted automatically. A hearing will typically be necessary in which a judge will evaluate proposed changes, the reasons behind them, and any objections by the other party before determining what changes may be made.

How to Modify a Divorce Decree

1. Determine eligibility for modification - Assess whether there has been a substantial change in circumstances that justifies a modification. This could involve a change in income, job status, health, or something else.
2. Prepare the appropriate documentation - Gather evidence that supports your claim for modification. For example, if you lose your job and cannot meet the alimony obligations that were set forth in your divorce decree, you will need to provide documentation that demonstrates your current financial situation. If you can show that the loss of your job has resulted in your inability to pay alimony, you may request a temporary reduction of alimony, a pause on alimony payments, or a permanent change to your financial obligations.
3. File a petition for modification - The next step is to file a formal petition to modify your divorce decree. In cases involving financial obligations, it is important to file a petition as soon as circumstances change. While you will still be required to pay child support or spousal support until modifications are made, the court may decide to make modifications retroactive to the date that your petition was filed.

Reasons Why a Divorce Decree May Need to Be Modified

There are several common scenarios that may require a post-judgment modification in Florida. Common reasons for modifications include:

• Re-marriage - If a parent remarries, this may be a reason to make changes to child custody arrangements. Depending on the situation, parenting time schedules may change, or other adjustments may be made to how parents will share responsibility for their children. The remarriage of an ex-spouse who is receiving alimony payments will result in the automatic termination of these financial obligations.
• Changes in income - If an ex-spouse suffers a significant income decrease, such as job loss, they may seek to reduce their child support or spousal support payments. On the other hand, if a person who pays support experiences an increase in income, their ex-spouse may seek to increase support payments. If the recipient of spousal support has begun to earn enough income to support themselves, their ex-spouse may request a termination of alimony payments.
• Changes in children's needs - As children grow, their needs may change. For instance, higher educational or medical expenses may warrant a reassessment of child support obligations, or changes to children's schedules for school or activities may lead parents to adjust parenting time schedules.
• Changes in health status - A significant change in the health of either party may warrant adjustments in support or custody arrangements.

Contact Our Brickell, Miami Divorce Attorneys

Post-judgment modifications in Florida can ensure that ex-spouses will be able to adapt their legal agreements to reflect new circumstances. At Miami Family Law Group, PLLC, we can provide effective representation during the divorce process, and we can help you determine what steps to take to modify your divorce decree when necessary. Contact us at 305-520-7874 to set up a confidential consultation today.