MODIFICATION

New Horizons Law can help you Modify an existing order or judgment. If a you are required to pay alimony or child support, and the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement or court order reaches majority after the execution of the agreement, either party may petition for an order decreasing or increasing the amount of support or alimony.

Modification of Child Support

The court initially entering an order requiring one or both parents to make child support payments has continuing jurisdiction after the entry of the initial order to modify the amount and terms and conditions of the child support payments:

•if the modification is found by the court to be in the best interests of the child;

•when the child reaches majority;

•if there is a substantial change in the circumstances of the parties;

•if s. Florida Statute §743.07(2) applies (extension of support past majority if the child is

dependent due to a mental or physical incapacity);

•when a child is emancipated, marries, joins the armed services, or dies.

If a party applies for a reduction of alimony or child support and the circumstances justify the reduction, the court may make the reduction of alimony or child support regardless of whether or not the party applying for it has fully paid the accrued obligations to the other party at the time of the application or at the time of the order of modification.

Modification of Time-Sharing or Parental Responsibility

At New Horizons Law we can help if a Modification of an existing time-sharing or parenting plan is required. The Court must be approached and your case must be plead properly for relief to be granted.  Post-judgment relief must have a substantial reason to be sought and must be in the child’s best interest.  Modification of a time sharing agreement or parent plan is provided under Florida Statute §61.13.

Modifying parental responsibility or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

•The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child

relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

•The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities

will be delegated to third parties.

•The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as

opposed to the needs or desires of the parent.

•The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

•The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount

of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation

of either parent with a child.

•The moral fitness of the parents.

•The mental and physical health of the parents.

•The home, school, and community record of the child.

•The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and

experience to express a preference.

•The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor

child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

•The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline,

and daily schedules for homework, meals, and bedtime.

•The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and

ativities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing

with the child.

•Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior

or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions

regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must

specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

•Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action

regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

•The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before

the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were

undertaken by third parties.

•The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and

extracurricular activities.

•The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from

substance abuse.

•The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing

the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining

from disparaging comments about the other parent to the child.

•The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the

child’s developmental needs.

•Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Call or E-mail us today for your Free Consultation !

    Open Saturdaysby appointment for your convenience !

Toll Free (866) 603-5078

Broward (954) 623-6445

  Palm  Beach (561) 793-5570

Michael J. Costantino, Esq.

Attorney at Law

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