“I expect my living and financial circumstances will be different in the future. Can I request any changes to my court order then?”
One of the things that we can count on in life is that there are going to be changes. Sometimes it means a final judgment or other court orders should be modified.
Typically those changes come under two major categories. One is financial, and the other is those dealing with children’s issues:
- Financial issues. Here, we are talking about child support or alimony. Changes in your financial condition or in the financial condition of your ex may result in modification in either of these areas. You should review the particular financial circumstances involved in your case with your lawyer to determine what it is you are facing in the way of a modification.
- Children’s issues. There are two areas in which modification is predominant:
- The change in primary residential care. The statute in Florida states that parenting plans and time sharing agreement never places primary residential care and secondary residential care as considerations for the court. As a result, even if you were granted primary residential care originally, post-judgment modification of that will involve the formation of a new parenting plan and a new time-sharing agreement. You need to make sure that the best interests of your minor children are protected at all times and that you receive the best consideration possible from the court with regards to your proposal as to what is in the children’s best interests.
- The relocation of minor children. Florida’s law is very particular with regard to this subject and it is important that the statute be followed exactly in order for you to obtain the necessary authorization for you to relocate your children. The statute requires that you either obtain a court order or that you obtain the approval of the other parent if you intend to relocate your children more than 50 miles from their prior residence. You must assess your particular background, compare it to the statute requirements and make sure that you obtain the proper authorization. If one spouse relocates with his/her minor children, they are not required to send them back at a later time.
“What are the laws regarding paying or receiving alimony in Florida?”
A major issue which develops in many divorce cases is that of alimony. When most people think of alimony they think of a situation where they’re required to write their ex a check every month until the ex either remarries or one of them dies. But there are also several other forms of alimony in the State of Florida: bridge-the-gab alimony, rehabilitative alimony and temporary spousal support. Each of these alimony types has a specific application and one or all of them may be applicable in your particular case.
- Temporary alimony is when the funds that are designed to maintain the status quo that existed during the marriage and to keep the spouse provided for while the divorce is proceeding.
- Bridge-the-gap alimony is intended to give the party a fresh start post divorce so that they can get back on their feet financially
- Rehabilitative alimony is specifically designed to allow the spouse to get the specific training or education they may need to be able to go out and support themselves in the real world.
A family lawyer can assess the particular facts of your case, tell you whether or not you are a candidate or potentially at risk of having to pay alimony, and provide you with an analysis as to which type of alimony may be applicable and what your potential benefits are under that aspect of the case.
Gary E. Williams is a lawyer at Clearwater Firm in Florida.