Modification

November 3, 2011

Modification of Past Due Child Support

During a Jacksonville divorce, many facets of a couple’s life are controlled by an order of the court. Things like time-sharing for the kids, alimony for a spouse, and distribution of assets. Something the court cannot control is the way a father chooses to live his life, even if he is making choices that sacrifice the life of you and your child after the divorce is finalized. Take the following as an example.

Wife gets pregnant and shortly after goes through a dissolution of marriage with her husband. Wife has been raising her child for the last 2 years with her child’s father paying support. Lately, husband has been missing his payments and is about $5,000 behind in child support payments. He has been out of rehab and spent some time in jail, for which he also lost his job. Since that is the case, husband is petitioning the court to lower or reduce the amount of child support he owes.

A situation like this raises a few questions: will the court not enforce the arrearages of $5,000 because he can’t pay? The answer most likely not. A court will not usually reduce past due support payments unless the husband is able to show he is entitled to a reduction for a compelling reason, such as lack of capacity to enter the marital settlement agreement, which prevented him from filing a motion prior to the support payments due date.

October 19, 2011

Don’t Rely on a Verbal Child Support Agreement

by David M. Goldman

Let’s say you and your ex divorced several years ago. It was somewhat contentious but the two of you try to maintain some contact because you have children. As part of your divorce, your spouse retained custody of the kids and you have to pay $500 a month in child support. But after a while you got a different job and could no longer afford the $500 a month. You spoke with your ex and she agreed to accept $300 a month instead. You have been paying the $300 a month like clockwork for the past 20 months, but now your ex says you owe her the difference — $4000. Do you have to pay?

Unfortunately, you may have to. You and your wife may have made an oral agreement, but the court might not give that agreement any effect because the only agreement on record is the one that said you pay $500 a month. That oral agreement — though made with the best of intentions — could end up costing you thousands of dollars.

Instead, you should attempt to modify your custody arrangement in court. This can be done, and is easier when your spouse agrees to the change. Speak with a Jacksonville Family Law Attorney to discuss your options.

September 30, 2011

How to Modify a Divorce Order?

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce or paternity action in Florida. In short, the answer is yes. Parents can change their timesharing agreement, however, the standard under Florida Law if often difficult to satisfy.

In general, Florida courts require a “substantial change in circumstances” to justify a modification of a child timesharing agreement. A parent asking for the change can show a substantial change in circumstances in several ways. Some examples include a geographic move or a change in lifestyle. If a custodial parent makes a significant move, or a move will seriously disrupt the stability of a child’s life, the move may qualify as a substantial change in circumstance and warrant a modification of the timesharing agreement. Additionally, if substantial changes in a parent’s lifestyle threatens or harms a child, a modification to the timesharing agreement may be granted.

Florida courts further use the “best interests of the child” standard as a guiding principle when making timesharing decisions. This principle often trumps all other factors when making any kind of timesharing decision. A parent wishing to change the residence arrangement under a divorce decree has a heavy burden to satisfy. In these cases, it is essential to retain a knowledgeable Florida Family Law Lawyer.

August 6, 2011

Child Custody Modification In Florida

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child custody order can be modified after a divorce in Florida. In short, yes, parents can change their Florida custody agreement. However, the standard under Florida Law if often difficult to satisfy. In general, Florida courts require a substantial change in circumstances to justify the modification of a child custody agreement in Florida. A parent asking for the change can show a substantial change in circumstances in several ways. Some examples include a geographic move or a change in lifestyle. If a custodial parent makes a significant move, or a move will seriously disrupt the stability of a child’s life, the move may qualify as a substantial change in circumstance and warrant a modification of the custody agreement. Additionally, if substantial changes in a parent’s lifestyle threatens or harms a child, a modification to the custody agreement may be granted. Florida courts use the “best interests of the child” standard as a guiding principle when making custody decisions. This principle often trumps all other factors when making any kind of custody decision. A parent wishing to change the residence arrangement under a divorce decree has a heavy burden to satisfy. In these cases, it is essential to retain a good Florida family law lawyer. If you have any questions about specific circumstances, contact a Florida family law attorney today, and I will be happy to help you.

July 25, 2011

Jacksonville Child Custody Lawyer: Modification of Timesharing Agreements

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce. In short, yes, parents can change their timesharing agreement. However, if the parents disagree about the modification, the standard under Florida Law is often difficult to satisfy.

After a final decree establishing timesharing is filed with a court, parents may later agree to modify its terms. Although not required, it is advisable to obtain the court’s approval for the modification so that it may later be enforceable it needed. Generally, courts approve modification agreements unless it appears the modification is not in the best interests of the child.

If a parent wants to change an existing timesharing agreement and the other parent will not agree to the change, he or she must petition the court to modify it. Generally, a court will allow a modification if the parent asking for the change can show a “substantial change in circumstances.” Some examples include a geographic move or a change in lifestyle.

March 25, 2011

Child Support In Florida: New Rules With Timesharing In Florida

by David M. Goldman

As a Florida child support attorney and a Florida divorce attorney, I regularly keep up with new laws effecting my clients. As such, there is a new child support law in Florida that states if the non-majority time-sharing parent spends more than twenty percent (20%) of overnights with the child then the Florida child support is drastically cut. This is a change from the old 40% of overnights standard that was previously the law. A Jacksonville child support attorney can assist you in calculating the correct amount of child support owed to you or by you.