When the courts finalize your divorce, that means they set the official terms. However, there are many circumstances in which the courts will allow you to change the terms of your divorce. Generally speaking, asset division modifications are rare.
You will typically need to prove that your spouse hid assets or otherwise abused the asset division process in the initial proceedings in order to obtain a modification of the asset division ruling. However, when it comes to spousal support, child support or child custody, there are many situations in which a modification is possible. Four situations are typically the most common.
Your income or the income of your ex has changed
The most obvious reason for seeking a support modification is because your income increases or decreases. Whether you are seeking more support from your ex because they are making more money or you need to pay less because you are making less, the substantial change in income is one of the primary reasons that people modify divorce decrees.
You know it will be better for the kids to see more of you
In some situations, the Florida courts may give more parental time to one parent than the other. Typically, this result reflects issues with instability in one parent. If you have addressed the issues that impacted how the courts ruled in your custody case, you likely have grounds to seek a modification and, therefore, more time with your children. In general, the Florida courts prefer to allow as much bonding time with both parents as possible after a divorce.
Your lifestyle or schedule changes, and your ex won’t accommodate that
Divorce can lead people to re-evaluate everything from where they live to whom they spend time with. You may find yourself drastically changing your life after a divorce to seek a better future. Unfortunately, the terms of your parenting plan likely reflect your situation at the time of divorce.
Ideally, your ex will be flexible and work with you to adjust things for your new schedule and lifestyle. If they won’t, you will need to ask the courts to officially modify your parenting plan to ensure that you have adequate time with your children.
You’re worried about abuse or mistreatment
If you have any reason to suspect that your ex is neglecting or abusing your children, you should both document your concerns and take immediate action to protect your children. Ask the courts to award you custody or limit access on the part of your ex and help keep your children safe.