7 Reasons For Modifying Florida Child Support And Custody Plans

Posted by Emma Dicousta on June 28th, 2019

Children can be the biggest casualty of the separation of a married couple. The law in every state, therefore, makes sure that the divorcing couple fulfills its parental obligations towards the offspring. Courts pay special attention to the details of child support and child custody plans before finalizing a divorce. Many people feel that these orders are set in stone and cannot be changed. This article will clear such misconceptions that people hold about modifying Florida child support and custody plans. Changes can be necessitated for various reasons. A spouse’s career, the child’s age or relocation of a parent can force people to approach courts for modifications. Some such reasons have been discussed here. In case, you are facing any of the following situations, you must engage a divorce attorney in Fort Pierce or any other Florida city to file for changing the orders.

Modification Of Child Support Orders

After separation, both parents have to share the financial cost of raising their child in a manner prescribed by the court in the child support order. The can approve alterations to the final plan due to the following reasons:

1. Change In The Income

The most common reason for altering a support scheme is a change in income. It does not matter whether the income has increased or decreased, a modification of the order can be approved. There is no fixed amount by which the earnings must change for making the appeal for alteration. However, the changed salary amount must force the support money to change by at least 15% or by .

2. Change In The Expenses

Any increase or decrease in expenses related to the child can be a ground for the alteration of the support figure. In case, the costs of daycare are included in the plan, then any change in the expense can be used for appealing for modification. Another common situation when people approach a divorce attorney in Port Saint Lucie or any other location in Florida is when definite-term alimony ends. The amount freed up in this manner can be considered as an increase or a decrease in earnings depending upon whether the spouse was giving or receiving the money. This factor can be used for revision of the support amount.

3. Change In Parenting Time

The number of overnights a kid spends with one or both parents is an important factor in defining the support amount. Any change in this factor can be used to appeal for revision. Let’s say one parent was awarded 250 overnights with their kid while the other got 115. In reality, the child is spending up to 300 overnights with the parent who got 250 overnights. Such parents can appeal to modifying Florida child support and custody plans. The courts will use the actual pattern to recalculate the amount for the kid’s support.

Modification Of Child Custody Orders

Ex-spouses can modify the original parenting plan if they agree on the changes. A modification can be conducted in the following situations:

1. Changed Age Of The Child

This is one of the most common situations when parents by mutual agreement change the custody plan. For instance, when a couple separated, their kid was a toddler and the judge ordered that the mother get to keep her for 2 weeks followed by the father getting to keep his daughter for two weeks. Now, when the child reached the school-going age it was seen that the mother’s home was nearer to the school. Both sides agreed that the child will spend weekdays with the mother while the father got visitation rights on weekends and other school holidays.

2. New Living Conditions

Another common situation when people can alter the original order by mutual consent is when the living conditions either of the partner's changes. Let’s reconsider the example mentioned in the above point. When the child grew up, the mother got another job which forced her to relocate to another city. The child wanted to continue her studies in the present school and the parents agreed to let her do so. The father now got the majority of the time with the kid while the mother got visitation rights for fixed duration every month.

3. Substantial Change In Circumstances

A substantial change like an illness, serious injury, or an addiction to a substance can force a change in the original order. For example, a man who had got the majority of overnights with his kid meets with an accident and goes into a coma. Now, his estranged wife and the mother of the child can appeal to getting full custody of the offspring. There are instances when one party appeals to modify the order as it fears that the other poses danger of physical harm or abuse. The petitioning party has to prove that the other person poses a threat to the child’s wellbeing.

Conclusion

Parents must know that modifying Florida child support and custody plans is permissible. However, they must also remember that the court will change the order only if they feel it serves the best interests of the kid.

Like it? Share it!


Emma Dicousta

About the Author

Emma Dicousta
Joined: June 28th, 2019
Articles Posted: 1