Can Child Support, Alimony or Timesharing With Minor Children be Modified Once it is Set?

In regards to child support, in order for it to be modified after it has been set, a spouse must be able to show a “substantial change in circumstances”. This can be defined as your spouse’s income has increased or that your financial situation has changed, whether for better or worse.

There are different types of alimony and each one may or may not be modified. Durational alimony is modifiable if a substantial change of circumstances occurs that is in accordance with Florida Statute 61.14. With this type of alimony, the length of the award can’t be modified unless exceptional circumstances occur and it may not exceed the length of the marriage.

There is also bridge the gap alimony that can’t be modified in regards to amount or duration. Finally, there is rehabilitative alimony that, similar to durational alimony, can be modified upon a substantial change of circumstances compliant with Florida Statute 61.14, but it can also be modified upon the spouse not complying with or completing the rehabilitation plan that was set in place.

One piece of information to know about alimony is that alimony is terminable upon remarriage and the court has the right to reduce or terminate alimony when the recipient is in a “supportive” relationship with another person. There are many factors involved when it comes to determining if the spouse is in fact in a “supportive” relationship. These include whether or not the couple holds themselves out as husband and wife and the nature of their financial dealings.

With the question of modifying the timesharing of minor children, a substantial change in circumstances will most likely need to be shown.

This post was written by David Hurvitz. Follow David on Google+.