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Florida Divorce Modification & Enforcement
Your divorce settlement or judgment may need to be revised. Alimony, child support, time-sharing, parenting plans may be out-of-date or unreasonable. Incomes change, people move and clients’ needs evolve over time; such life changes require may require a modification of the terms of the original divorce judgment. Call family law attorney Alfred Marten if you need to modify your divorce settlement or judgment in South Florida.
Maybe your former spouse is not paying support, not following the parenting plan, or is otherwise violating the terms of the divorce. Alfred Marten has handles cases where one party is not paying support, is interfering with time-sharing, or is denying time-sharing. Call Marten-Law, P.A. to fight for the enforcement of the terms and conditions of your divorce.
Modification of Parenting Plans and Time-Sharing
When a divorce happens and a child is involved, it can be difficult for both parents to agree on a child custody agreement, parenting plan and time-sharing schedule. In many cases, the Judge decides, and the decision is legally binding on each parent. Even in cases in which divorce is not the issue, child custody agreements are still enforced by the legal system. When changes to the agreement, parenting plan or schedule are needed, you will need legal help in order to get this taken care of properly through the court.
In many cases, a modification to the arrangement between parents is needed for strictly personal reasons. For example, one parent may want to move, so they are going to need to modify how their child spends time with the other parent. There are also more extreme reasons for modification, such as a change in finances which makes the child support payments too high, financial reasons that affect how often one parent or the other can actually see the child, or situations in which a parent fears for the welfare of the child.
Representing Your Divorce Modification Needs in Court
In order to get a modification, you will have to go to court. This is when the legal counsel of Alfred Marten becomes invaluable. He can help you prepare for all the steps in the process of securing a modification. To start the modification process, a Supplemental Petition to Modify must be filed. The case cannot progress until this has been filed and the other parent has been served with it.
Supplemental Petition to Modify
In recent years, modification has changed a bit. In most cases, the parent who files the Supplemental Petition to Modify has to explain why a modification is needed. This modification is only considered when there has been a substantial change in circumstances since the last judgment or order was entered by the Judge. In addition, the parent needs to explain why the change they are requesting is in the best interest of the child. Florida courts put the best interest above the personal desires the parents may have.
Alfred Marten handles Florida divorce cases involving requests to modify current agreement or plan. He can help you to navigate the obstacles often associated with modification. Whether you are a parent asking for a modification, or a parent looking for help fighting a modification, contact Marten-Law, P.A. today.