Would It be wiser to petition for extended alimony? Or petition for child support modification?
This is from the Florida Statutes - The court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony retroactively to the date of the filing of the action or supplemental action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child.
The basis for a modification of child support in Florida is a substantial change of circumstances since the entry of the last order addressing child support. The change needs to be involuntary and permanent in nature.
There isn't a simple yes or no answer to your questions.
There are other factors that need to be considered.
You should contact a local attorney for a full analysis.
Kendra Stephen | Supra Legal Group | Tel: 954-900-9709
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I just would like to add that sometimes spousal support (alimony) may be non-modifiable. You need to check your current judgment/settlement. If it is modifiable, then you still must meet the statutory standard and show that an extension is necessary, etc. Also, as to child support modification, you do need to show that there has in fact been a substantial change since the original order was entered such as a loss of a job/income, or an increase in children's expenses, or your ex is making substantially more since the last order was entered, etc. It would really serve your interests to consult with a family law attorney in your area on whether you should file for modification at this time and, if so, on the type of modification you should be seeking. Good luck!
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In order to advise you properly any attorney will need to see all relevant documents and speak with you personally. Go see one soon.
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.