Contact us:
1200 North Federal Highway
Suite 200
Boca Raton, Florida 33432
Phone: (561) 210-8510
Fax: (561) 210-8509
Email: mdm@moccialaw.com

Post-Divorce Modification

Child Custody Modification

A final divorce decree providing for the custody of a child can be materially modified only if there are facts concerning the welfare of the child that the court did not know at the time the decree was entered or there have been a change in circumstances shown to have arisen since the decree.  The party seeking modification of custody must show both that the circumstances have substantially, materially changed since the original custody determination and that the child's best interests justify changing custody.  Furthermore, the substantial change in circumstances must be one that was not reasonably contemplated at the time of the original judgment. 

Modification of Child Support or Alimony

In order to modify a child support or alimony award, the party seeking the modification must show a substantial change in circumstances, the change was not contemplated at the time of the divorce judgment, and that the change is sufficient, material, involuntary, and permanent in nature.  The court may also grant a temporary modification of alimony where a reduction in income is not deliberate by the payor and the payor is attempting to regain his or her prior income level.

Call us today at (561) 210-8510 for a free initial telephone consultation to discuss whether your circumstances can support a modification.





The information provided on this page is intended to be for educational purposes only and in no way establishes an attorney-client relationship or provides legal advice.  Upon information and belief, the information provided on this page is accurate as of September 1, 2008.  Since family law statutes and rules change frequently, please consult an attorney before relying on the information contained in this page.