Your Florida divorce case is over…or is it? Does Florida alimony reform 2023 and Senate Bill 1416 allow you to modify alimony? If there is some part of your case you need to change, you can hire us to modify your divorce decree in Florida (generally this is done for your parenting plan) or modify your marital settlement agreement Florida (for the financial awards such as alimony). Modifying a final judgment in Florida comes with a higher burden when your case is being reopened. There are some additional procedural requirements about equitable distribution and child support you need to be aware of that if not followed could lead to your case being dismissed. When you modify a divorce decree, it is best to get it right the first time. In this article, we will discuss some of the common situations where former spouses or former partners seek to change some or all aspects of their parenting plan and/or marital settlement agreement. We also discuss how the unanticipated change in circumstances requirement has been removed. Call child support modification attorney Orlando, and child custody modification Attorney Orlando, Jonathan Jacobs at 407-335-8113.
You are reasonably certain you want to modify divorce decree Florida. Even if Florida alimony reform 2023 is not retroactive prior to cases decided before July 1, 2023, the District Courts of Appeal and Florida Supreme Court will be deciding cases in light of the new alimony reform bill and that could have cascading effects. This may include planning for your retirement. What happens next? The next step is to speak with Jacobs Law Firm. Let us ask about the facts and we can apply case law and statutory law (mixed with our experience) to help you determine if your supplemental petition for modification has a chance of success. It is all about getting past the motion (the motion to dismiss your supplemental petition). You can modify marital settlement agreement Florida by showing there have been what we call substantial change(s) in circumstances. Florida Statutory law formerly required that the Petitioner prove there has been a substantial, material, and unanticipated change in circumstances in order to modify the parties’ Final Judgment. Case law makes it clear this is an “extraordinary burden.” Now, with the passage of SB 1416, the unanticipated standard has been removed. This may well open the floodgates for litigation.
To modify a divorce decree in Florida it is important to show that circumstances have changed since your case ended (when the final judgment was issued by the Court). It could be that you are involuntarily (we all live in a shifting economy where AI and other market and computer generated forces are changing the way many companies do business) unemployed and that you cannot find the same or a substantially similar job. You may need to take a job to survive on a lesser salary. Should you be obligated to pay the same alimony or child support on a lower salary? At some point your own personal survival and standard of living must be considered. The question is will the court allow you to modify marital settlement agreement Florida by ruling your petition for modification of child support or petition for modification of alimony or timesharing will get past a motion to dismiss. Using experience, writing/drafting skills, and case and statutory law, Attorney Jacobs can help you with your case. Call 407-335-8113 today.