After parties are divorced by way of a final judgement of dissolution of marriage, sometimes circumstances change. Substantial changes for which a modification may or may not be appropriate include timesharing between a parent and a child(ren), alimony, child support, and related matters particularly pertaining to support. Generally, that which is required to obtain a modification is a substantial change in circumstances which was unanticipated at the time of the final judgment (or last order dealing with the issue sought to be modified), which is involuntary (obviously if you voluntarily caused a change you cannot then complain about it), and which changes are permanent in nature (which usually means but not always a change being in existence for approximately one year or more). Typical changes in circumstances warranting a modification either upward or downward in child support and sometimes alimony would be the loss of a job, an increase in income (i.e. a promotion, etc.), a serious health problem, a substantial inheritance, and the like.
Here at Jonathan S. Root, P.A., we are very familiar with the requirements and factors necessary and generally considered by courts in determining whether or not a requested modification would be viable, and how to best go about obtaining such modification with as little aggravation and expense as possible. The party seeking a modification or defending should also be cognizant of the fact that financial or other disclosure and discovery concerning the matter at issue will be involved and could sometimes be costly. We attempt to minimize as much as possible such cost and expense.