Melbourne, FL Attorneys Litigate Post-Divorce Modifications
Skilled court representation for petitioners and respondents
Even when both parties are satisfied with their divorce decree, life can intervene to render that order obsolete. Courts don’t look kindly on requests to modify their orders for light causes or temporary inconveniences, but if you’ve experienced a substantial change in circumstances, you are entitled to consideration. Tucker Mitnik, P.A. has more than 30 years of experience in family law litigation, including regular appearances in family court arguing both sides of motions for post-divorce modifications involving:
Grounds for modifying an order for alimony or child support
Either the payor or the recipient can petition for a modification of support, upward or downward. Modifications might also emerge from motions for post-divorce enforcement of family court orders. Circumstances that justify a change in a support order include:
- A child’s illness — When a child incurs medical bills, the parent paying child support must increase the amount to cover a proportionate amount of the additional expenditure.
- Parent/spouse incapacity — When a parent becomes incapable of earning due to injury or illness, the court may grant the appropriate measure of relief to the support order.
- Parent’s job loss or business downturn — The court may grant relief for provable economic hardship, unless it believes the parent is deliberately earning less to escape obligations.
- Increase in a parent’s earnings — Child support guidelines are based on a percentage of parental earnings. Therefore, when a parent begins earning substantially more, the court may order an increase in payments.
- Recipient spouse remarrying — A recipient spouse who remarries is no longer entitled to support from an ex-spouse.
- Change in child's status — Child support may terminate early if a child marries, is emancipated or joins the armed forces. If a stepparent wishes to adopt a child, the birth parent may terminate parental rights to facilitate that adoption. Child support would end, but the birth parent would lose the right to any time-sharing with the child.
Seeking child custody modifications for a parental relocation
Divorced parents face a dilemma when they have the chance to pursue a career opportunity or a new relationship that requires them to relocate. Custodial parents need the court’s permission (in lieu of an ex-spouse’s agreement), and noncustodial parents may desire a time-sharing plan that would grant them parenting time during summers and holidays.
Contact our experienced family law attorneys for answers to post-divorce dilemmas
Tucker Mitnik, P.A. effectively represents ex-spouses on both sides of post-divorce modification issues. As proven trial lawyers, we are prepared to promote your interests and those of your children at motion hearings in family court. Call us today at 321.392.5239 or contact our Melbourne office online.