When parties decide to get divorced many issues arise that either need to be worked out in mediation, or decided by a family court judge. Once a divorce occurs, a family court judge issues a Final Judgment on the Dissolution of Marriage Petition. The order resolves once and for all each issue in the divorce, and the parties are expected to follow it. The reality of life is that the needs of families change over time. For example, a timesharing schedule that once worked perfectly for a family may become inconvenient or impossible to follow as children get older or if there is a change in a parent's work schedule.
The solution to this problem is to have the original Final Judgment modified through modification action. If the circumstances of either party change significantly, either party may petition the court for a Post Judgment Modification. The most common post Judgment Modifications are in the following areas: child support; timesharing; and alimony. A petition for modification is also necessary when one party wishes to relocate with the parties' child more than fifty miles from where he or she currently lives. If the person seeking a modification does not meet certain requirements, the court will not modify its standing order.
There is a well-established standard in Florida to determine if a party is entitled to a modification. The party who seeks a modification must prove certain things to the court before the court will modify its order. In order to be entitled to a modification, there must be a change in circumstances of either party. The change of circumstances must not have been contemplated when the parties were divorced. The change must also be sufficient, material, involuntary and permanent in nature. Finally, if the modification involves children, the change must be in the children's best interest.
Carmen G. Soto, Esq. is a skilled and experienced attorney with over thirteen year of experience handling Post Judgment Modifications. Carmen G. Soto is devoted to protecting your legal rights, and striving to ensure the highest quality legal representation. Carmen G. Soto P.A. will ensure you are fully informed of your rights with regard to your Post Judgment Modification so that we can be sure that you are aware of all options that are available to you. Carmen G. Soto will protect and defend your rights competently and with the care you deserve.