The most common types of modification cases that are filed with the Clerk of the Court are requests to increase or decrease child support, alimony or timesharing with the child(ren). If you need to file a Petition to Modify contact Attorneys at Law Joseph M. Corey, Jr., P.A. as soon as possible in order to discuss your legal options. If you are a party that has been served with a Petition to Modify then it is extremely important that you immediately contact our Law Firm since there is Court imposed deadlines that you must meet.

As an attorney practicing family law for the past 35 years our Law Firm knows how to effectively handle your case from its inception to its conclusion. Attorneys at Law Joseph M. Corey, Jr., P.A. will provide strong and effective representation throughout the Modification of your Final Judgment or Court Order proceedings. Our Law Firm’s primary purpose is to get you the best results for your particular circumstances.

For further information or questions regarding a modification proceeding please contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE consultation. Office hours are Monday to Friday from 8:00 am to 7:00 pm and Saturday from 9:00 am to 1:00 pm.

Modification: Child Support

In order to modify an existing Final Judgment or Court Order the parent or a former spouse must prove to the Judge that an unanticipated, substantial change of circumstances which are permanent in nature has occurred since the entry of the existing Final Judgment or Court Order. The Petition to Modify is only retroactive to the date that it was filed with the Clerk of Court.

Do you need to file a Petition to Modify Child Support?

A party’s legal right to modify a child support obligation typically occurs when a parent receives a raise in their income, a reduction in their income, or one of the parties’ minor child(ren) attains the age of 18 and graduates from high school.

In order for the Judge to make the final determination as to whether the modification of child support should be increased, decreased, or keep the ongoing child support the same will primarily depend on each party’s financial situation at the time the Petition to Modify Child Support is filed with the Clerk of the Court. However, at the time of trial, each party’s financial circumstances at that time will be the ultimate factor in the Judge’s decision to either grant or deny the Modification of Child Support.

Attorney’s at Law Joseph M. Corey, Jr., P.A. has handled thousands of child support modification cases throughout the Law Firm’s 35 years of existence. Our Law Firm has been successful over the years in obtaining a child support reduction for our client’s who have been laid off by their employer or their salary has been involuntarily reduced.

A common misperception is that if you have been laid off, then you are automatically no longer obligated to pay your Court Ordered child support. This is not the case, as the law requires you to file a Petition to Modify your child support before the Judge will consider reducing your child support obligation due to your unfortunate financial situation. Therefore, if you have been laid off it is imperative that you immediately file a Petition to Modify your child support obligation. If it is determined by the Judge that you are entitled to a reduction in your child support, then your child support obligation will be adjusted back to the date the Petition for Modification was filed with the Clerk of the Court.

Have you been served with a Petition to Modify Child Support?

Attorneys at Law Joseph M. Corey, Jr., P.A. has also handled many cases where we are defending against a request to increase a parent’s monthly child support obligation. If you have been served with a Petition to Modify it is important that you immediately contact Attorneys at Law Joseph M. Corey, Jr., P.A. so that we can file the appropriate response to the Petition. We will take the time to obtain all of the relevant financial information from you and the other parent to ensure that your legal rights are being protected. Remember any increase in your child support obligation could have a long lasting effect on your finances. Therefore, it is extremely important that you are properly represented during this very stressful time.

At Attorneys at Law Joseph M. Corey, Jr., P.A.’s our primary purpose is to get you the best results for your particular circumstances.
For further information or questions regarding a child support modification proceeding please contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE consultation. Office hours are Monday to Friday from 8:00 am to 7:00 pm and Saturday from 9:00 am to 1:00 pm.

Modification: Timesharing (Visitation)

That pursuant to Florida Statute 61.13 a time-sharing schedule may be modified provided that one can show a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child(ren). There are many factors that the Judge will consider when determining whether the parent’s request to modify the timesharing schedule should be granted or denied. In the event the Judge grants a parent’s request to modify the timesharing schedule it could also effect a parent’s child support obligation.

Do you need to Defend against a Petition to Modify Timesharing (Visitation)?

The following are a few examples of when a parent could be entitled to modify their current timesharing schedule:

  1. A parent moves to a location different than where the parent lived at the time a timesharing schedule was established in a Final Judgment or Court Order.
  2. A parent’s work schedule changed from the date the timesharing schedule was established per a Final Judgment or Court Order.
  3. A parent has been arrested, incarcerated, or there are allegations of child abuse since the date the timesharing schedule was established per a Final Judgment or Court Order.

A parent can file a Petition to Modify with the Clerk of Court alleging all the factors that support their request to the Judge to modify the current timesharing schedule that is set forth in the Court Order or Final Judgment.

At Attorneys at Law Joseph M. Corey, Jr., P.A. we will review with you the many factors that the Judge will consider and vigorously litigate your Petition to Modify Timesharing.

Do you need to Defend against a Petition to Modify Timesharing (Visitation)?

If you have been served with a Petition to Modify your Timesharing it is imperative that you do not ignore the pleadings and immediately contact Attorneys at Law Joseph M. Corey, Jr., P.A. Our law firm will review the Petition to Modify the Timesharing with you and discuss the relevant factors as they pertain to your case. Furthermore, after evaluating the circumstances of your case we will provide you with our professional opinion and our litigation strategy. For example, the Petition to Modify Timesharing alleges that your timesharing with your child(ren) should be reduced due to the change of the location of either your residence or the other parent’s residence from the date of the Final Judgment or Court Order. Attorneys at Law Joseph M. Corey, Jr., P.A. is prepared to present to the Court that the move by either parent will not effect your ability to continue to abide by the terms set forth in the current timesharing schedule. We will also vigorously argue that despite the change in residence the current timesharing schedule is in the best interests of your child(ren).

Once you have had the opportunity to retain Attorneys at Law Joseph M. Corey, Jr., P.A. we will begin our zealous defense of your case.
For further information or questions regarding a modification of timesharing proceeding please contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE consultation. Office hours are Monday to Friday from 8:00 am to 7:00 pm and Saturday from 9:00 am to 1:00 pm.

Modification: Alimony

In order to modify an existing Final Judgment or Court Order the parent or a former spouse must prove to the Judge that an unanticipated, substantial change of circumstances which are permanent in nature has occurred since the entry of the existing Final Judgment or Court Order. The Petition to Modify is only retroactive to the date that it was filed with the Clerk of Court.

Modification of an alimony award typically occurs upon a former spouse’s retirement, a promotion, loss of employment, remarriage, or you enter into a supportive relationship. The Court will first determine if the circumstances as stated in the Modification proceedings were in fact unanticipated, substantial, and permanent in nature. The Court will then evaluate the person receiving alimony to determine the amount of their need from the former spouse, if any, after taking into consideration reasonable monthly expenses to maintain themselves. The Court will then evaluate the person paying the alimony to determine the amount, if any, that person has the present financial ability to pay the former spouse. The Court primarily relies on both parties’ income if any and their reasonable and necessary living expenses in determining one’s present financial need for alimony and one’s present financial ability to pay the alimony to the other party.

We have the knowledge and experience to address all of your legal needs in order to protect you and your family.

For more information regarding issues specific to your situation/circumstances please contact our office for a free consultation. You can contact us 24/7 at (305) 557-1750.

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