Modification of Divorce Decrees
Tampa Family Attorney S. David Anton, Esq.
Sometimes the “terms” of a divorce decree need to be changed. This process is referred to as a “modification” or “modification action.” Some portions of divoce decrees cannot be modified by courts as a matter of law. Division of property can rarely be modified without the voluntary consent of both former spouses. Other portions of divorce decrees are subject to modification and are often modified, usually based on some change in circumstances which has occured since the date of the divorce decree. Support payments such as alimony and child support are usually modifiable either by agreement or judicial decree. Modifiable support payments can also include obligations such as medical insurance, life insurance, daycare and other obligations which are required for support type reasons. Child time sharing provisions are also subject to modification.
Financial obligations are usualy modified when either the “ability to pay” of the Payor has changed (decrease or increased) or the reasonable ”needs” of the recipient have changed. Minor child timesharing terms are typically modified when surrounding circumstances change and the modification is in the child’s best interests. Some common changes to divorce decrees include the following:
- Custody/Visitation: Times, locations, and primary custody (timesharing) can change
- Child relocations: The relocation of a child (typicaly to a different city) can be permitted or prohibited
- Alimony: Can be increased, decreased, restructured or terminated
- Child Support: Can be increased, decrease, restructured or terminated
Under new Florida State Law, alimony may be reduced or even eliminated if the spouse receiving payment is dwelling with someone as if they were married.
Call now for a consultation with S. David Anton, Esq. to explore your rights to a divorce decree modification or for information and services needed to defend against a requested modification.