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When can someone request a court decree adjustment post-divorce?

On Behalf of | Feb 21, 2024 | Family Law

The Florida family courts may issue several different decrees at the end of divorce proceedings. Most couples share property and possibly debts as well, resulting in a property division decree. If divorcing spouses have children together, there could potentially also be a custody decree, as well as a child support decree. In scenarios involving spouses with very different resources or incomes, there could also be a decree for alimony.

Those decrees may become obsolete as circumstances change. As such, it’s important for many Floridians to know how someone who has completed Florida divorce proceedings can go about changing the decrees entered at the end of their divorce.

Support and alimony decrees

There are several scenarios in which people can potentially alter their support obligations in Florida. Child support decrees may be eligible for modifications after the end of a divorce when there has been a significant change in economic circumstances. Either parent gaining or losing a job, for example, might warrant a review of the amount of support ordered. Additionally, major changes in custody arrangements can sometimes justify a child support modification.

Alimony may be subject to adjustments or early termination in certain scenarios. Perhaps the spouse receiving payments has remarried or begun living with a new romantic partner. Those with evidence of changes in their circumstances can request a hearing to review child support and alimony decrees.

Custody decrees

There are countless reasons why parents may need to modify an existing custody decree in Florida. Typically, they need evidence of a substantial change in circumstances or a new agreement with their co-parent. Evidence of neglect, major changes to household schedules and even improvements in personal circumstances might justify a time-sharing modification request.

A parent who needs to move far enough away to affect the parenting arrangements may also need to request a modification hearing. A judge hearing a contested custody modification case would hear from both parents and then determine what changes might be necessary based on the best interests of the children.

Property division decrees

In general, it is not possible to modify property division orders after a judge enters them. The one exception to this rule occurs when people uncover hidden assets or other evidence of financial misconduct after a divorce. Barring some kind of substantial misconduct, revision of a property division decree is highly unlikely.

Those dissatisfied with the terms established in their initial divorce can sometimes go back to court and make changes. Gathering evidence and requesting a hearing are both important steps for those hoping to modify a decree after a Florida divorce.