The Process Of Modifying Alimony In Fort Lauderdale
Life doesn’t stand still after a Fort Lauderdale divorce. Changes in income, health, or financial obligations may make an existing alimony order unfair or unsustainable. Fortunately, you can modify spousal support in certain circumstances.
If you pay or receive alimony in Broward County and your situation has changed, you may be eligible to request a modification. Learn more about the process and when changes to these payments are possible.
When You May Be Able To Modify Fort Lauderdale Alimony Payments Under Florida Law
Florida courts recognize that significant life changes can affect a person’s ability to pay or need for alimony. Under Section 61.14 of the Florida Statutes, either party can request alimony modifications if there’s a “substantial change in circumstances.” Examples include:
- Loss of income or employment;
- Significant increase in either party’s income;
- Permanent disability or serious illness;
- Retirement;
- Remarriage or cohabitation of the receiving spouse;
- Major changes in financial obligations.
The judge in your case will evaluate the circumstances and decide whether they warrant reducing, extending, or terminating an existing alimony order. Keep in mind that when seeking alimony modifications in Fort Lauderdale, voluntary financial decisions, such as quitting a job, are not typically considered valid grounds for reducing payments or other modifications.
Steps to Request an Alimony Modification in Fort Lauderdale
If you believe a change in circumstances warrants modification of your Fort Lauderdale alimony order, it’s important to follow the proper legal process. The Broward County Family Court won’t automatically change your order. You must petition for a formal modification. Here’s how to proceed:
- Get Legal Help: As an experienced Fort Lauderdale alimony attorney, we can review the circumstances surrounding your situation and advise you on whether you meet the legal threshold for modifications.
- File a Supplemental Petition for Modification: This petition must be filed in the same court where your original divorce was finalized. It should clearly outline any substantial changes in circumstances and include supporting documentation, such as pay stubs or other financial statements.
- Serve the Other Party: The petition must be legally served on your former spouse, giving them a chance to respond and contest the change.
- Attend Mediation or Court Hearings: In many cases, the court will order mediation in an attempt to try to resolve the matter amicably. If an agreement cannot be reached, you can plead your case before a judge, who will make a final ruling.
- Follow the New Court Order: If the court grants a modification, the new alimony terms become legally binding. Until then, you must continue to comply with the existing order.
For Help In Seeking Modifications, Contact Our Experienced Fort Lauderdale Alimony Attorney
Whether you’re facing financial hardship or believe your former spouse no longer needs support, modifying alimony is a complex legal process, one that requires careful preparation.
At The Law Office of Sandra Bonfiglio, we help clients throughout Broward County successfully navigate alimony modifications. To find out if a change in your alimony order is possible, contact our office and request a confidential consultation today with our Fort Lauderdale alimony attorney.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.14.html
flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms/Supplemental-Modification-Petitions-12.905-Forms-A-C/Supplemental-Petition-for-Modification-of-Alimony
