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Can child support and custody schedule be modified?

Orlando, FL |

I am remarried and decided to attend school full time when I was let go from my employer. I have not worked since 12/13. My husband has kids on his insurance and pays for orthodontics and any doctors appts I take them to. Kids dad has them on his as well but refused to help with orthodontics. We have shared custody switching everyday and every other weekend. It has been 3 years of this arrangement and it is affecting kids shuttling back and forth every day. Oldest has diagnosed anxiety and Aspergers. We live 1 mile apart. Lots of emotional issues when it is time to leave my house. I want to keep it 50/50 so their relationship with dad is maintained but he just remarried and daughters haven't taken it well. Kids are 9&12.

Attorney Answers 4


  1. There must be a substantial change in circumstances since the FJ. What has changed? You have to figure it out. Have their grades suffered? How can you prove the affect on them?

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


  2. As my colleague stated, you must state a substantial, permanent change in circumstances for the court to even consider a modification. Then under Florida Statutes, you must provide evidence to the court on many factors. You would probably need an expert witness for the issue on how the children are being affected.
    An analysis of your case would require much more information that you could provide in this forum.
    This is a matter which you should have legal counsel for. I would recommend consulting with an experienced family law attorney in the jurisdiction where the order was entered.

    Sincerely,
    Sandra K. Ambrose

    This response is only intended for informational purposes and is not intended as legal advice or as a substitute for hiring an attorney in your state. Further, by sharing this information, it is in no way intended to establish an attorney client relationship with the reader.


  3. You do not provide very much information for anyone to sufficiently answer your question, in fact, I do not really see a question. You want to change the time-sharing but want it to remain 50/50. Is that correct? Why? And as the other attorneys said, you would have to prove a substantial, unanticipated, permanent change in circumstances since the Final Judgment was put in place. You need to sit down with an attorney and lay out all of the facts.


  4. I would recommend consulting with a local and experienced family law attorney to review your court documents and obtain more information and facts from you. Only then will one of us be able to advise whether it can be modified.

    Sincerely,
    Ophelia Bernal-Mora, Esquire
    Orlando Family Law Attorney

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

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