The end of a marriage creates upheaval in a family and even after the divorce is finalized issues can arise. The most common post-divorce issues that families deal with relate to children and timesharing or child support.
There are two primary reasons why post-divorce issues related to children might arise:
- The initial decisions were made in the “heat of the moment” during the divorce when emotions were running high and don’t seem to be the best option now that things have cooled down
- Changes have occurred in the lives of either parent or in the life of the child and adjustments must be made to the legal arrangement to accommodate these changes
What are Some Common Post-Divorce Issues Regarding Children?
Every family is different and each post-divorce scenario is different. There is no way to predict the future and most families find they need to roll with the punches as things come up. However, there are some common issues that arise and the majority of post-divorce issues related to children fall into one of the following categories:
- Child support payment adjustments
- Changes to parenting time amount or schedule
- Relocation out of state
- Changes to decision-making responsibility
There are also issues related to alimony and spousal support, or the distribution of property that might come up after a divorce is finalized, but issues related to children are more common because of the natural changes that occur in their lives over time.
The family court system also takes into consideration how lives constantly change and consider a variety of factors when making decisions in post-divorce issues, including a specific family’s financial situation, the economic climate in general, and the health and well-being of the children in the family.
In many cases, if parents are able to work out a new agreement on their own, the court will honor that arrangement as long as all parties agree. But even under the most amicable of circumstances, modification is a legal process that requires the guidance of an experienced attorney. Changing an arrangement post-divorce is more complicated than two former spouses just agreeing on something with a handshake.
Post-Divorce Issues that Must Be Addressed Legally
Child Support Modification
One of the goals of family court is to ensure that a child’s life remains consistent. However, it might be necessary to alter the child support arrangement because of circumstances beyond either parent’s control.
Parental Responsibility and Timesharing Modification
Parental responsibility refers to the rights and duties parents have in making decisions about their child’s upbringing, including education, healthcare, and overall well-being.
In Florida, parental responsibility can be categorized into three types, each addressing how decisions are made for a child’s upbringing:
-
Shared Parental Responsibility: This is the most common arrangement where both parents have equal rights to make major decisions about their child’s life, such as education, healthcare, and religion. It requires parents to communicate and work together in the best interests of the child.
-
Sole Parental Responsibility: In cases where one parent is deemed better suited to make decisions for the child, the court may award sole parental responsibility to that parent. The other parent may still have rights to visitation or time-sharing but does not have a role in decision-making.
-
Shared Parental Responsibility with Ultimate Decision-Making Authority: This arrangement allows both parents to have shared responsibility, but one parent is granted the final authority to make certain decisions if they cannot agree. This type of responsibility is often used when there is a history of conflict or when one parent needs to have the final say in critical matters.
Relocation of Either Parent
In Florida, the relocation statute (Florida Statute 61.13001) governs the process when a parent wishes to move with a child more than 50 miles from their current residence. The parent must either obtain the other parent’s written consent or seek court approval before relocating. The court will consider factors such as the child’s best interests, the reasons for the move, and the impact on time-sharing arrangements.
Modification of Spousal Support
In Florida, modifying an alimony award is governed by Florida Statute 61.14. A party seeking to modify an alimony order must demonstrate a substantial change in circumstances that was unforeseen at the time the original award was made. This could include changes in income, employment, or the financial needs of either party. The court will review the circumstances to determine if a modification is justified, ensuring that the new alimony arrangement is fair and appropriate based on current conditions.
An Attorney Helps You be Creative in Modifications to Your Divorce Agreement or Judgement
If you need assistance with making changes related to custody, parenting time, support, or any other issue addressed in your divorce agreement, our team can help.
Our primary legal focus is Florida Family Law, but Mr. Jentis also remains active in both the New Jersey and New York Bars for multi-state cases. We have assisted clients with a variety of family law issues including post-divorce issues, and Mr. Jentis’ familiarity with laws regarding marriage and divorce in all three states provides everyone more options on how to arrive at something both parties can agree to.
For more information or to learn how you can move forward with your legal matter, please contact us at one of the numbers above to schedule a consultation. We provide in-depth consultations for a nominal fee that can help you understand your legal rights and to provide you with various options you may have to address your concerns.