Devoted To Helping Families

Requesting A Post-Divorce Modification

If you have signed a marriage settlement agreement (MSA) and the judge has entered a judgement, there are a number of orders that you have agreed to follow once the divorce is final. But what if your circumstances change? Do you still have to follow the orders if your income goes down, you lose your job, or the hours and days you’re required to work interfere with your parenting time?

The short answer to the above questions is that your MSA can be modified, but you must file a petition for modification with the court. As with many aspects of the divorce process, it is better to discuss your options with a knowledgeable divorce lawyer. Attorney Anita Johnson, owner of The Law Office of Anita M. Johnson, PLLC, has devoted her practice to family law. She is meticulous and solution-focused, and can assist you in adjusting the terms of your divorce to something with which you can live.

What Can Be Modified In A Divorce Agreement?

In Florida, divorcing spouses can request modifications to child support or alimony, parenting time (custody) or visitation schedules. The following are considered valid reasons to make such a request:

  • Suffering a debilitating injury or a serious illness
  • Experiencing a change in employment
  • Needing to regroup after a financial downturn or needing to declare bankruptcy
  • Relocating to another city or state
  • The status of dependent changes

If you and your ex can agree on the modifications before you file the petition, the process often goes smoothly. If you file your petition separately and notify your ex, and they do not agree with your modification, they have 20 days to file a response. Anita’s experience as a divorce attorney who is a Florida Supreme Court-certified mediator can prove valuable in this case. She can guide negotiations in a structured, rational way, and increase the chances of your modification request being approved.

It is important to uphold your current obligations until you receive a modification. Judges are more likely to grant changes if you have been consistent in meeting the terms of the MSA prior to your modification request.

Need A Modification? Do Not Panic. Call The Law Office of Anita M. Johnson, PLLC.

Attorney Anita Johnson can advise you on how to file a modification petition and how to give it the best chance at approval. To make an appointment, call the firm’s office in Naples at 239-829-4742, or use the online contact form.