Modifications of Common Tampa Family Law Orders
Nowadays men's lives are more fluid than they ever have been before. Men are much more inclined to switch careers, go back to school, or learn a new trade in order to become more successful in life. Most men go through a divorce or child custody dispute and once the order is entered, for better or worse, make do with what they get and drive on towards their goals.
If it has been awhile since you have had an evaluation of an old judgment that is still controlling certain aspects of your life, then it may be time to see if anything can be done to modify or even terminate certain orders.
Some common orders that may be modified based on changes in circumstance include:
Modification of child support
Reduction or termination of alimony or spousal support
Change in child custody because of a parent's desire to relocate
Tampa Child Support Modification
The Florida Child Support Guidelines are usually fixed based on the inputs. However, in some instances the court may deviate the amount by +/- 5% unless there is a justified showing for the need of a larger deviation.
Further, courts recognizes that life and circumstances change, the ability to modify child support can be requested based on some of the following factors:
Change in overnights spent with each parent
Change in monthly income resulting in monthly support change of +/- 15% or 50$, whichever amount is greater
A change in healthcare coverage of a child
Needs of the child have significantly increased or decreased
New child support obligations to a different mother
Tampa Alimony Types:
Bridge the Gap: This type of alimony will terminate upon the death of either party, or if the receiving party gets remarried. Once awarded, the amount and duration of Bridge-the-Gap alimony is usually not modifiable.
Rehabilitative Alimony: May be terminated or modified based upon a substantial change in circumstance, completion of the rehabilitation plan, or noncompliance with the court-approved rehabilitative plan.
Durational Alimony: The amount of durational alimony may be modified based on substantial change in circumstance, but its length may only be modified based upon exceptional circumstance and not to exceed the length of the marriage. It may also be terminated if the receiving spouse gets remarried, dies or enters a "supportive relationship." (see below)
Permanent Alimony: This type of alimony will continue until one of the parties die, or until the remarriage of the receiving spouse. It may also be modified or terminated based on a substantial change in circumstance or if the receiving spouse enters into a "supportive relationship." (see below)
Supportive Relationship: Durational and permanent alimony may be terminated if the receiving spouse enters a supportive relationship. Florida statute gives factors for a judge to use when making a determination. Some of these include:
extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship
The period of time that the obligee has resided with the other person in a permanent place of abode
The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence
Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.
Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support
Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support
Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so
Tampa Child Relocation
In Florida, relocation of a child is defined as the changing of location of a parent's address to a new location at least 50 miles (as the crow flies) away from their current address for 60 consecutive days or more. For men interested in relocating with their children, there are two general ways to do so.
By Agreement: Both parents must sign a written agreement that contains: 1) both parties' consent to the relocation 2) a time-sharing schedule for the non-relocating parent 3) transportation arrangements necessary to facilitate the non-relocating parent's time-sharing schedule.
If an agreement cannot be obtained, then a petition to relocate may be filed. However, there is a very detailed process that must be met in order to do so. Once the petition has been successfully filed, the non-relocating party must file a timely objection. If she does, then a hearing will be held to determine if the petition is granted.
When making this determination, a judge will consider some of the following factors:
The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the non-relocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
The feasibility of preserving the relationship between the non-relocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact
The child’s preference, taking into consideration the age and maturity of the child.
Whether the relocation will enhance the general quality of life for both the parent and the child, including, financial or emotional benefits or educational opportunities.
The reasons each parent or other person is seeking or opposing the relocation.
The current employment and economic circumstances of each parent and whether the proposed relocation is necessary to improve the economic circumstances of that parent
That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent seeking relocation, including child support, spousal support
A history of substance abuse or domestic violence
Any other factor affecting the best interest of the child
Burden of Proof: The parent or other person wishing to relocate has the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the non-relocating parent to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.
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