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Post Judgment Proceedings

If you find that your situation has significantly changed since your divorce or final order establishing paternity and you need to request that the court modify your child support, alimony, child custody, or visitation order contact the Broward office of Arica L. Braaten, P.A. at (954) 380-6000 to set up a free consultation.

Modification of Child Support

It is the responsibility of both parents to provide financial support for the child.  The purpose of paying any amount of money to the other parent is to ensure that your child is comfortable and safe.  A child support obligation is established in the final judgment of dissolution of marriage or a paternity action.  However, sometimes financial circumstances change and the child support has to be modified.

Life happens.  There may be occurrences in your life which may support a modification of child support.  Either parent may file for a modification of a prior child support order; a modification may be sought to increase or decrease child support payments.  It is important to remember that a modification to reduce child support is retroactive to the date of filing the petition for modification, not back to the date of the occurrence that requires the modification. 

If both parties agree to modify child support, a voluntary agreement can be signed.  However, the court must still approve an agreed upon change for it to become enforceable.  When there is no voluntary agreement, the party seeking the modification must set a hearing and present the judge with the reasons for the modification.  The court will not typically grant a request for modification unless there has been a significant change in circumstances.  Generally, a 15% or greater increase or decrease in income of either parent will be considered a substantial change of circumstances.  This change in circumstance must be involuntary and “permanent”.  Other changes justifying a modification might include a significant increase in either parent’s income because of remarriage, job loss or a change in the child’s needs, especially as the child grows older.  Teenagers are very expensive.  However, any modification must still be in the child’s best interest. 

If you are seeking an increase or a decrease in child support, alimony, custody or visitation it is important to contact a lawyer as soon as possible.  Call the Deerfield Beach Office of Arica L. Braaten, P.A. to set up a free consultation at (954) 380-6000.