Children’s lives are drastically impacted by the finalization of a divorce, and child support and child custody orders are the standards of their new lives. Unfortunately, many parents believe these orders are permanent and can’t be changed, but that’s not true.
In this blog post, Owenby Law will talk about why, when, and how parents may want to attempt to modify their child support and child custody orders.
Why Modify Florida Child Support and Child Custody Orders?
Child support and child custody orders dictate most of a child’s life – and therefore, much of a parent’s life as a caretaker. For example, some parents only see their kids every other week due to the child custody order that’s in place. Additionally, a child custody order can determine which parent gets to make medical and educational decisions for his or her child.
It becomes clear that many parents want to modify their orders because they either believe a change is best for their parent-child relationship; or best for the child’s health, safety, or comfort. In fact, there are several prominent reasons why someone would modify child support or child custody order.
Some reasons why parents may want to modify an order consensually:
- New living situations;
- New jobs (typically impacting child support orders);
- Change in availability for physical custody;
- Unexpected financial changes (typically impacting child support orders).
In these situations, both parents may agree that an order change is necessary due to a change in circumstances from their original agreement. If this is the case, the parents only need to file some paperwork with the help of an experienced Family Law Attorney.
In other situations, a parent may want to change an order against the wishes of the other parent. While more challenging to accomplish, changing an order without the other parent’s blessing is possible.
Some reasons why parents may want to modify an order without the consent of the other parent:
- The other parent consistently shows up late or is a no-show for planned visitation times;
- The other parent should be paying more for child support, but doesn’t want to;
- The other parent’s actions endanger the well-being of the child;
- The other parent’s actions are not in the best interests of the child.
There are many reasons why a parent would want to change a child custody or child support order, but the parent must have legal grounds to get the desired change approved. If you’re unsure if you can pursue a modification order, contact Owenby Law to talk to an attorney about your potential case.
When Do People Try to Modify Orders?
When it comes to child support orders, parents can try to modify them as often as they need. Florida law says a parent may file for modification any time there is a “substantial change in circumstances.”
People try to modify orders at various times, but modifications are often the result of a particular event/ group of events. Therefore, modifications often stem from life circumstances that change the living situations of parents.
Once a change of life occurs (like an increase or decrease in someone’s overnight parenting), the person who wants to modify the order only needs to file the correct paperwork.
Since anyone can file a modification for any legitimate reason, the best time to file is right after the change in circumstance! Talk to a child support attorney today to start your filing process!
How Do People Try to Modify Orders?
We’ve covered why and when people can attempt to modify orders, but how do parents accomplish this goal? The reality is that anyone can attempt to file a modification order on their own, but many people shy away from this route — here’s why.
Child support and child custody orders are highly complex legal documents that control your child’s life. If you incorrectly file a modification and it’s approved in court, you may realize that the adjustment wasn’t what you thought it was once.
If you attempt to file an order modification and your child’s other parent is against the order, you will have to convince a judge that a change in the order is legally necessary. In some child support circumstances, that means gathering evidence and proving to the judge that your child’s other parent has a new financial situation.
In child custody orders, a parent will have to prove to a judge that a change in the child’s current custody scenario is in his or her best interest. Without an experienced family law attorney on your side, you may not be able to show the judge why you have legitimate concerns for wanting to change an order.
Want to File a Modification?
If you’re ready to file a modification, our firm can help! With more than a decade of family law experience, our attorneys have the knowledge and understanding to make the best case for your modification.
Call (904) 770-3141 now to talk to an Owenby Law Attorney today!