It can be a big relief to have your divorce finalized. Marking the end of what can be a lengthy and emotionally draining process can do that to a person. While many of the major hurdles you must jump to get to that post-divorce life may have been cleared, however, there may be things that come up after divorce which necessitate you or your former spouse seeking a post-divorce modification of the final divorce decree.
Modifications of Divorce Court Orders
After the finalization of a divorce, either party may still seek a modification of a court order that was established during the divorce process. While it may not always be easy or simply, it is still possible for a court order to be modified once it has been issued. To be clear, however, there must be a significant change in circumstance since the court order was issued in order for the modification to be granted. A significant change in circumstance may be:
- A change in job
- A change in income
- A change in parenting time
- A change in custody arrangements
- A party remarrying
- Another factor that would impact the court order
It is quite common for a former spouse to seek a modification of a divorce court order. In particular, seeking modifications of child custody arrangements or child support orders is a frequent occurrence. A modification of a child support obligation may be necessitated by the payor spouse experiencing a notable change in income level. It may also be driven by a change in the needs for the child. Regardless of the specific reason, the reason for the modification request must reflect a substantial change in circumstances since the court order was issued.
When seeking a modification of child custody or parenting time arrangements, the parent requesting the modification must also be prepared to show that there has been a substantial change in circumstances since the order was issued that would merit a modification of the court order. The court will also consider the best interests of the child in deciding whether or not to grant the modification.
If the court approves the requested modification, it will usually take effect immediately. In some cases, however, the court may order otherwise, such as delaying the modified orders effective date, for one reason or another. The modified order carries the full force of a court order and must be properly observed. Anyone found in violation of the modified court order may face significant legal consequences. As such, it is essential that all parties impacted by the modified court order be aware of the changes and act accordingly.
Florida Family Law Attorneys
Do you need to have a court order put in place during your divorce modified? Has your former spouse initiated modification proceedings? Either way, you should be aware of your legal rights and how to enforce as well as protect them. Bernal-Mora & Nickolaou is here to help you do just that. Contact us today.