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See Us for Post-Divorce Modifications and Enforcement

Following a divorce, circumstances may change. Although important aspects like alimony, custody (time-sharing), and child support were defined in the divorce agreement, it may become necessary to modify them. In some cases, a parent has failed to abide by the terms of the divorce, and court intervention is required.

You can count on Benson Trial Group for representation in a post-divorce modification or enforcement case. Our attorney has been in practice since 2003, and you can rely on us for clear legal guidance and strong representation. We provide reliable divorce attorneys Sarasota, FL residents depend on. For a free initial consultation, please call our office today.

Alimony Modifications

At the completion of a divorce, alimony may be awarded to one of the parties. The marital settlement agreement and/or the court's final judgment will contain an order that defines the terms of the alimony payments, such as how much will be paid each month and when the payments are due. The order will also say when the alimony ends; it could be a specific date or be connected to an event, like the remarriage of the spouse receiving alimony.

If no alimony was awarded in the marital settlement agreement or the court’s final judgment, there is nothing for the court to modify. If alimony was not awarded as part of the divorce, you cannot go back later and request alimony. This is because the court does not have jurisdiction over alimony cases once the final judgment is entered.

If the marital settlement agreement or the order from the judge does not state how alimony can be modified, then either party can seek to change the alimony by filing a supplemental petition with the court.

This can occur for several reasons, such as the paying spouse becoming unable to afford the alimony payments due to a job loss. If a request for a change in alimony is filed with the court, then the party requesting the change must prove why the change is justified. If the paying spouse is requesting a change, they must prove to the court that there has been a significant change in their financial circumstances that prevent them from paying the amount ordered by the court.

Some of the reasons to request for a reduction of alimony include the following:

• The involuntary loss of a job or wage reduction
• An illness or disability that prevents the paying spouse from working
• The remarriage of the supported spouse
• The supported spouse's cohabitation with a new partner or
• An increase in former spouse’s income

The change in circumstances must be significant though; the judge will not grant a reduction based on a minor adjustment to either spouse's income or other financial resources.

Once a supplemental petition has been filed, the former spouse will be served and have 20 days to file a response. The parties will exchange financial documents to prove the substantial change in circumstances to justify the change in alimony. Once discovery is complete, the parties will attend mediation to try to resolve the issue. If mediation is unsuccessful, the issue will be addressed by the judge. You can count on Benson Trial Group’s expert divorce attorneys in Sarasota, FL for representation at every stage of this process.

Child Custody Modifications

In some cases, the child custody aspect of the divorce settlement may be modified. If you're interested in having your time-sharing parenting plan modified, please contact Benson Trial Group for a free initial consultation.

Child Support Modifications and Enforcement

Child support is the third major aspect in which modifications can be made and enforcement may be required. If you're owed back child support, please contact us. If you'd like to stop paying child support once the child turns 18, we can help you through that process, as well. To learn more, contact our team today to speak to the divorce attorneys Sarasota, FL trusts.

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