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When should people file for a divorce modification?

If you have terminated your marriage in Florida, you more than likely have a settlement that explains the terms of the divorce. Divorce settlements involve factors, such as child support and alimony. Although the terms included in the divorce settlement are set and may be enforced by law, there are circumstances that may allow the settlement to be modified. According to Florida Statutes, if one of the parties experiences a significant life change, it may constitute a settlement modification.

There are some specific situations in which you may want to begin a divorce modification. For instance, if either party has a change in finances, they may file to decrease or increase the amount of alimony or child support they pay. If medical insurance becomes available, the settlement may be modified to show this change. Furthermore, if the person receiving alimony gets married or becomes involved in a relationship where they live with their partner, a modification may be issued to terminate or decrease the amount of alimony paid to that person.

If you wish to modify a child support or alimony payment, the increase or decrease in payment must differ by at least 10 percent. If a parent loses their job or is incarcerated, a divorce modification may be issued to show this change. However, the court will ensure that person is actively seeking employment and that regular child support is reinstated when he or she finds a job.

This information is intended to educate and should not be taken as legal advice.

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Law Office of Philip J. Schipani
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