Life is constantly changing and evolving, and circumstances rarely stay the same. When these changes occur, the terms of your divorce, spousal/child support, or child custody agreements may no longer fit your needs or situation. This is where modifications come in.
These modifications allow you or your ex-spouse to ask for changes to your support or custody agreements to better fit your current circumstances. Life changes, but spoken agreements are not binding. You and your spouse may agree to behave as if the agreement has changed, but you need it in writing to protect yourselves from each other and the courts.
While courts do not actively enforce child custody agreements, they will if they have reason to investigate and find fault with them. The parents of the child are not the only people who can challenge a child custody agreement, so even if two ex-spouses trust each other, they should still both make sure they are legally safe. The family law attorneys at C. Alvarez Law can explain how modifications work, and how we can help you.
Post Judgment Modifications
Modifications of an original agreement used to require a substantial and material change in circumstances since the last final judgment. This necessity has been changed with a 2023 Bill signed into law by Gov. DeSantis. Now parents have an easier time filing for a custody change and do not need to provide a reason to get a day in court. They still require a reason to explain to the judge why they need one if their co-parent doesn’t agree. Multiple scenarios that were good for warranting a motion for a modification, remain good reasons to prove why you need one. Some reasons include but are not limited to:
- When either party has re-married
- If the party that was awarded alimony has entered into a significant relationship
- When there is a change in the best interest of the child, whether it be due to educational or medical needs
- When either party receives a significant inheritance or monetary asset
- When either party experiences extended unemployment or a significant increase or decrease in income
- When either parent relocates out of state
Why You Need to Legally Modify Court Agreements
You and your ex may be on good terms, but if that changes and your “modifications” are simply verbal agreements, it could cost you. For example, say you lost your job and couldn’t pay child support payments for a short period of time, you don’t want your co-parent to be able to report you to the police at any time.
You may have spoken with your ex and they said that you don’t have to pay them until you find a new job, and everything seemed fine. Then you get into an argument and they take you to court for unpaid child support. Since your modifications never went through the courts and aren’t legal, you’re now stuck paying back support in addition to current payments.
Need an Attorney to Help You Modify Your Agreements? Choose C. Alvarez Law
When your circumstances change, your agreements need to as well. Now with the current laws, filing for modifications has become easier, making the process overall a bit smoother for the evolving life of parenthood.
If you need help or more information, contact the Florida modification attorneys at C. Alvarez Law. We’re here to help you get through this part of your life as a parent, do the best you can for your family.
