Divorce Modification Attorney in Brandon
Life changes after divorce. Curry Law Group helps you modify custody, support, and property arrangements when circumstances substantially change.
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When Modification Is Possible
Florida law allows modification of divorce decrees when there is a substantial change in circumstances. This includes job loss, illness, relocation, changes in a child's needs, or significant income changes. The requesting party must prove the change was not anticipated at the time of the original divorce.
Modifying Child Custody
Custody can be modified if changed circumstances no longer serve the best interests of the child. Examples include a parent's relocation, job change affecting availability, or changes in the child's needs. Courts prioritize the child's best interests in modification decisions.
Modifying Child Support and Alimony
Child support and alimony can be modified based on substantial changes in income or circumstances. Either party can request modification if there is a 15% or greater change in income. Modifications typically apply prospectively, not retroactively.
Modifying Property Settlements
Property divisions from divorce are generally not modifiable unless fraud or mistake can be proven. However, issues arising from property arrangements, such as mortgage disputes, may be addressed through modification proceedings.
Frequently Asked Questions
What constitutes a substantial change in circumstances? Typically a 15% or greater income change, job loss, illness, relocation, or significant changes in child's needs. How long after divorce can I request modification? Modification can be requested at any time after divorce if a substantial change occurs. Will my modification be granted? Only if you can prove a substantial, unanticipated change in circumstances affecting the original terms.
Contact Curry Law Group Today
If your life circumstances have changed since your divorce, contact Curry Law Group to discuss modification options. Call 813-653-2500.
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Key Legal Terms
Important Family Law Terms
Understanding these terms can help you make informed decisions about your case.
Alimony
Court-ordered financial support paid by one spouse to another during or after a divorce, intended to help the lower-earning spouse maintain a standard of living close to that of the marriage.
Read full definitionAnnulment
A court order declaring a marriage void, as if it never legally existed. Florida grants annulments only in limited circumstances, such as fraud, bigamy, or incapacity.
Read full definitionAttorney Fees in Divorce
A court order requiring one spouse to pay the other's legal fees during a divorce. Florida may award fees to ensure both spouses can afford proper representation, regardless of who filed.
Read full definitionBest Interests of the Child
The legal standard Florida courts use to decide custody and timesharing. Judges weigh factors such as each parent's ability to provide, the child's needs, and the child's relationship with each parent.
Read full definitionChild Custody
The legal and practical relationship a parent has with their child, including decision-making authority (legal custody) and where the child lives (physical custody), determined by the child's best interests in Florida.
Read full definitionChild Custody Jurisdiction
A court's ability to make decisions about a child who lives in Florida. A judge needs this authority to order timesharing, support, or other relief affecting the child.
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Curry Law Group — Divorce Series
Our family law attorneys walk through the divorce process, custody, alimony, and what Florida families need to know before filing.
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Forms & Common Questions
Get immediate answers and the right intake forms for your matter.
Related Legal Forms
Post-Dissolution Modification
For modifications to existing divorce decrees, custody, or support orders.
Paternity Questionnaire
Complete for paternity establishment, custody, and child support matters.
Postnuptial Agreement
Information form for postnuptial agreement requests covering property and debt.
Top-Asked Questions
Florida courts make custody decisions based on the best interests of the child. Factors considered include each parent's relationship with the child, ability to provide care, stability, the child's preference (if old enough), and any history of abuse or substance abuse. Courts typically prefer "shared parental responsibility" when both parents are fit and involved.
Florida uses an income-shares model for child support. Both parents' incomes are considered, along with the number of overnights each parent has. The state provides guidelines, but judges can deviate from them based on special circumstances like high incomes, special needs, or private school expenses. Child support continues until the child is 18 (or 19 if still in high school).
Alimony is spousal support paid to a lower-earning spouse after divorce. Florida recognizes several types: temporary (during divorce), bridge-the-gap (short-term), rehabilitative (to help a spouse become self-supporting), durational (limited time), and permanent (typically for long marriages). Courts consider factors like the marriage length, each spouse's income, and earning capacity.
Florida is an "equitable distribution" state—not a community property state. This means marital property is divided fairly (not necessarily 50/50) based on each spouse's contributions, economic circumstances, and other factors. Non-marital property (owned before marriage or inherited) is not divided. We help protect your assets and present a fair division argument.
Yes, either parent can request modification if there's been a "substantial change in circumstances" since the original order. This might include job loss, relocation, change in custody needs, or change in income. We'll help you navigate the modification process and present the strongest case for your situation.
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