Life Happens, We Are Here to Help
Often in life, things do not always go as planned, and because of that, we are here to represent your needs as they change throughout life. Modification can be an instrumental tool in ensuring that your needs are still met, in the event something happens that causes you to need more support than originally accounted for. In addition, Modification can also be necessary in situations where you no longer are able to make the support payment that was once ordered and are now suffering serious financial hardship. In either situation, our experienced team of attorneys is here to help you navigate all of the ups and downs that life may hand you.
Substantial and Unforeseen Change in Circumstances
In order to justify a modification of alimony, a child support award or timesharing plan, there must be a substantial change in circumstances that was not contemplated at the time the Court Order or Marriage Settlement Agreement was entered into. This change must be sufficient, material, involuntary and permanent in nature.
Alternatives to Modifying Support Payments
Alternatively, there are times in life where you may experience a less permanent change in circumstances, but find that you are still unable to meet the required support payment. The court has an alternative for this called Abatement. Abating your support payments may be granted in circumstances where there is an unforeseen change of circumstances, that was not contemplated at the time of entering into the agreement, however that change is not intended to be permanent.
Examples of Changes That Have Been Held to be Substantial and Unforeseen Changes in Circumstances
- Job Relocation
- Involuntary Employment
- Remarriage, or Evidence of a Supporting Relationship by the Spouse Receiving Alimony
- Income Reduction (As Long as In Good Faith, With Potential for Higher Earning Capacity)
- An Increase in Need of Support by the Child or Former Spouse
- A Deterioration in a Recipient Spouse’s Medical Condition
- The Effect of Inflation and Cost of Living Increasing
These are just a few examples of cases where the Court has held that a Modification or Abatement of Support, or Timesharing was reasonable. However, every case is unique. If you are currently suffering hardship from either paying support, or not receiving enough support, or if your current circumstances affect your Parenting Plan, we encourage you to reach out to our firm today, to learn what options may be available to ease these life stressors.
Call the Tampa paternity lawyers at Anton Garcia Law at (813) 907-9807 or request a consultation.