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How to obtain modifications to an existing court order

On Behalf of | Feb 11, 2021 | divorce

A Florida judge may agree to modify a visitation or child support order if you experience a job loss. However, whether an existing order will be changed depends on the reason why you are no longer employed. It will also likely depend on how long it has been since the original order went into effect.

How did you lose your job?

Generally speaking, orders will only be modified after an involuntary job loss. This means that you were terminated, laid off or otherwise forced to leave your position. If you quit, agree to a reduction in salary or accept an early retirement package, a court will likely see this as a voluntary decision.

Will you find another job in the near future?

If you expect to find a new job in a relatively short period of time, your request to modify an existing order will likely be denied. At best, the order might be modified until you are able to obtain employment. Your family law attorney might provide more insight into how your job status might impact a visitation or support order.

How old is the existing order?

According to Florida law, a child support order can only be modified if you experience a significant change in circumstances. If it has been less than three years since the order was issued, changed or modified, new changes can only be made if they would reduce your payments by at least 15%. If the order hasn’t been reviewed in more than three years, that figure drops to 10% of your current payment.