Child support can be modified when there is a substantial change in the circumstances of either party. Alimony can be modified either when the recipient’s need for alimony changes or when the payor’s ability to pay alimony changes.

A parenting plan or custody modification requires the parent to first show a substantial, material, and unanticipated change of circumstances. Once the parent establishes the change of circumstances, the Court looks at the best interests of the minor child and considers all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to the following:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required
• The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties
• The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
• The moral fitness of the parents
• The mental and physical health of the parents
• The home, school, and community record of the child
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference
• The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things
• The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime
• The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
• Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect
• The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties
• The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities
• The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse
• The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child
• The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs
• Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule

If you are the victim of abuse or abusive behavior by a parent, spouse, former spouse, children, stepchildren, blood relative, or someone else who lives with you, you should consider seeking an injunction from a court without notice to the person abusing you. The requirements for an injunction vary depending on the relationship with the opposing party, so please contact us before filing the petition to determine your best approach to the situation.

If you have been served with a temporary injunction, you need to contact an attorney as soon as possible, because the hearing will likely be on an expedited basis and the sooner you call, the sooner we can help. Our attorneys have experience on both sides of domestic violence injunctions and can help you protect yourself and your family through the injunction process and the related family law matters.

 In ordering alimony, a Florida court considers the following factors:

• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of each party
• The financial resources of each party, including the non-marital as well as marital assets and liability of each
• The time necessary for either party to finish education or training to find appropriate employment
• The contribution of each party to the marriage, including homemaking, child care, education, and career building of the other party
• All sources of income available to either party

While the divorce is pending, the court may order temporary alimony. There are various forms of alimony that depend upon the factors above and other facts and circumstances in your case. The award and amount of alimony can vary greatly from one case to the next, so please contact our office to discuss the specific facts of your case.