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
The answers provided are of a general nature and are not intended to be final or complete answers of any individual's legal questions. Other facts not considered may change the analysis or outcome. Do not rely on information presented herein to address your individual legal concerns. Your receipt of information from this website does not create an attorney-client relationship and the legal privileges inherent therein. If you have a legal question, you should consult an attorney experienced in that area of the law. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you hire an attorney, you should request information about the attorney's qualifications and experiences. We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area. NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum.
1 found this helpful
5 lawyers agree
Divorce / Separation Lawyer
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!
This communication is for informational purposes only and does not constitute legal advice and does not establish an attorney-client relationship.
1 found this helpful
7 lawyers agree
Criminal Defense Attorney
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.
2 lawyers agree