When couples go through a Florida dissolution of marriage proceeding they must decide on the terms. These would include the division of community property and mutually assumed debt, a possible spousal support arrangement, and child custody, visitation, and support. This is a lot to consider but nine out of every ten people who are going through a divorce can indeed agree to the terms. In those relative few cases when people can’t reach some kind of a compromise and disputed terms are decided by the court.
Though it can be a relief when the terms have been set and the dissolution of marriage has become final, it is important to realize that “final” in this context may not be synonymous with “permanent.” Some of the divorce terms are subject to modifications if circumstances were to change significantly at some point in the future.
Child custody is one of the terms that can be modified, and this can be done at the discretion of the court or through a voluntary agreement between the parents. The court would order a modification in cases when the custodial parent was not providing a suitable environment for the children. Voluntary child custody modification can take place for any number of reasons including discipline problems, access to a preferred school district, or the preference of the child.
Spousal support modifications may also take place either voluntarily or via court order. However, if the original spousal support arrangement was entered into privately the court may not have jurisdiction should a modification be sought.
The most commonly modified divorce term is child support. The income levels of the parents is very likely to change over time, and the needs of children invariably increase as they get older. Florida law allows for child support modifications in cases when the circumstances surrounding the case change significantly.
<strong><em>For legal advice concerning modification of child support, custody, and alimony, contact a Tampa FL family attorney to arrange for a free consultation.</em></strong>