Revision of Alimony
Alimony refers to a court-ordered financial support provided by one spouse to the other, typically during and after a divorce. Depending on the circumstances, alimony payments may be short term or continue for many years It is important to note that as of July 2023, Florida eliminated permanent alimony. Now, all general alimony is durational rather than for a lifetime. However, state courts can still award bridge-the-gap and rehabilitative alimony if a situation changed significantly.
For instance, if a spouse who was previously a student during the divorce later secures a high-paying job, the court may consider modifying the alimony. Under Florida Law, the court must consider a modification or termination of alimony when the receiving spouse becomes remarried or it is shown that they are in a supportive relationship, or if the paying spouse has reached legal retirement age.
Adjustment of Child Support
Child support is a court-mandated payment made by one parent to the other for the benefit of their child or children, determined during the divorce process. Florida courts may find it appropriate to adjust a child support and paternity order under a variety of different circumstances:
- If the court deems the adjustment necessary and in the best interest of the child;
- When the child reaches the age that they are no longer a minor;
- If there is a significant change in the circumstances of the parents or the child.
As with alimony adjustments, the parent seeking to modify the child support order must demonstrate that the change in circumstances is significant, material, involuntary, and permanent. Changes could involve either parent’s situation or the child’s needs, such as for instance a serious illness requiring additional financial support for medical care.
Amendment of a Parenting Plan
Parenting plans, which outline child custody arrangements, are established during divorce proceedings. Under certain conditions, the court may find it necessary to amend the parenting plan. In the state of Florida, a judge can modify a parenting order if there has been a significant and material change since the original decision, and if the amendment is in the best interest of the child.
For example, if the parent with primary custody is deployed overseas, the court may temporarily alter the custody arrangement. The judge would ensure that the child maintains some form of contact with the deployed parent, such as through phone calls or video chats, and the original parenting plan would likely be reinstated once the deployment ends.
