Going through a divorce is a challenging and stressful process for everyone involved. Even after the divorce is finalized, there may be situations where modifications need to be made to the divorce agreement.

In Florida, some specific guidelines and processes must be followed when seeking such modifications, and an Oviedo post-divorce modifications lawyer can help you navigate those guidelines. Contact Vollrath Law in Oviedo today to set up a free initial consultation.

What Are Post-divorce Modifications?

Post-divorce modifications refer to changes made to the divorce agreement after it has been finalized. These modifications can include changes to child custody arrangements, child support, spousal support, or visitation schedules.

Typically, post-divorce modifications are made when there has been a significant change in circumstances for one or both parties.

Grounds for Post-divorce Modifications

To request a post-divorce modification, there must be a significant change in circumstances for one or both parties.

Some common reasons for seeking post-divorce modifications in Florida include:

  • A change in income for one or both parties
  • A change in employment status for one or both parties
  • A change in health status for one or both parties
  • A relocation of one party
  • A change in the needs of the child(ren)
  • A change in the ability of one party to care for the child(ren)

The Process for Post-divorce Modification in Florida

According to Florida law, post-divorce modifications must be requested through the court system.

Here are the steps in the process:

  1. Petition for modification — You must petition the court to start the post-divorce modification process in Florida. The petition must include specific information about the requested modification and the reasons for the modification.
  2. Serving the other party — Once the petition is filed, the other party will be served with a copy of the petition and can respond.
  3. Drafting and signing a new agreement — If the parties are able to agree to the proposed changes to the original final judgment, they will enter into a revised agreement outlining the changes and the revised agreement will become legally binding.
  4. Post-divorce modification hearing — If the parties are unable to reach an agreement, a hearing will be scheduled. At the hearing, both parties will have the opportunity to present their arguments to the court. The court will consider the evidence presented and decide based on what is in the best interest of the child(ren) or what is fair and reasonable for both parties.

What Can Be Modified in a Divorce Decree?

Child Custody and Visitation Schedule Modifications

When seeking a modification to parental responsibility or time sharing schedules in Florida, the court will consider what is in the child’s best interest. A family court judge will review various factors, including the child’s relationship with each parent, the child’s needs, and the ability of each parent to provide for the child’s needs.

It is important to note that the court will not modify custody or visitation arrangements unless there has been a significant change in circumstances.

Child Support and Spousal Support Modifications

When seeking a modification to child support or spousal support arrangements in Florida, the court will review the financial circumstances of both parties. The court may modify the support agreement if one or both parties have significantly changed income or employment status.

Child support and spousal support modifications cannot be retroactive and will only be effective as of the date the petition is filed.

Enforcement of Post-divorce Agreements

A common question about post-divorce modifications is: How is the change enforced?

The reality is that if one party is not complying with the post-divorce agreement, they are committing contempt, which is against the law. This means the other party can seek enforcement of the modified agreement through the court system.

The court may order the non-compliant party to comply with the agreement and impose penalties for non-compliance.

Need a Post-divorce Modification? Contact an Oviedo Family Law Attorney Today.

Going through a divorce is a difficult and stressful process, and post-divorce modifications can add to the complexity and stress. However, it is important to remember that post-divorce modifications are a necessary part of the process in certain circumstances.

If you are considering a post-divorce modification in Florida, it is important to seek the guidance of an experienced Oviedo family law attorney to help you navigate the process.

Contact us today at Vollrath Law. We’ll review your family law matter and ensure the best possible outcome for your post-divorce modification case.

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FAQ: Post-divorce Modifications in Florida

How long does it take to get a post-divorce modification in Florida?

The timeline for post-divorce modifications can vary depending on the case’s circumstances. However, completing the process typically takes several weeks to several months.

Can I request a post-divorce modification if my ex-spouse is not following the agreement?

Yes. If your ex-spouse is not following the post-divorce agreement, you can seek enforcement through the court system.

Do I need a lawyer to request a post-divorce modification in Florida?

While it is possible to request a post-divorce modification without a lawyer, it is highly recommended that you seek the assistance of an experienced family law attorney to guide you through the process.

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