Divorce agreements in Florida can sometimes be modified, but convincing judges to make changes can be complicated, especially if your ex-spouse doesn’t wish to comply. Changes to your divorce agreements are often called post-decree modifications and can be accomplished with the help of an experienced family law attorney.
Why Modify Your Agreements?
People modify their divorce agreements for a number of reasons. According to Avvo, post-decree modifications usually come up in one of four ways:
- One or both of the parties did not do something they agreed they would or did not follow through with the court’s final order(s) in one or more respects;
- The parties themselves come up with an arrangement that differs from what is reflected in the decree;
- A significant change in circumstances has happened; or
- Something crucial is missing from the original decree.
It’s normal for changes to naturally happen over time. In the years following a judge’s initial decision in a divorce case, the life circumstances, needs, and desires of all parties involved – including the children – are subject to change. In addition, people’s character and attitudes might change over time, affecting their willingness to comply with original divorce decrees. Asset divisions, custody arrangements, and spousal and child support decisions may be affected or amended in light of these changes.
Modifying Child Custody Agreements
Since Florida operates under the best interest of the child standard, DivorceNet points out that the court will generally only make custody adjustments if the following criteria are met:
- There’s proof that a substantial change of circumstances has occurred since the time of the original custody order
- There’s proof that the change in custody is in the best interests of the child, and
- There’s proof that the benefit resulting from the change will outweigh any harm.
Modifying Alimony Agreements
Alimony is another area where many people seek post-decree modifications. Normally, judges will allow a change in the amount or duration of alimony agreements if circumstances have changed from the time of the original spousal support award, according to DivorceNet. Usually, this modification is considered if and when there has been a significant and unforeseen change in one spouse’s income. For example, a judge might lower or suspend alimony payments if the paying spouse involuntarily loses a job and while trying to find employment, can’t afford to pay support. However, changes in alimony agreements – like all post-decree agreements – will be carefully scrutinized by judges to make sure the adjustment is fair.
Do you need to make post-decree modifications in Naples, FL? Or are you wondering what changes to your divorce agreements are possible under Florida law? Michael M. Raheb P.A. is here to clarify your case and get you the outcomes you need and deserve! If you have questions or concerns about your divorce or custody agreement, contact Michael M. Raheb by calling 239-226-0888 or by sending us a message online.
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Michael M. Raheb, P.A.
2423 First Street,
Fort Myers FL 33901
Fax Number: 866-949-0888