Do I need a Florida child support lawyer for a child support modification?
There is no requirement to hire a Miami family law attorney to represent you at a Florida child support hearing, but it may be in your best interest to do so. Though you have the option to represent yourself, a Miami child support attorney deals with cases like yours on a daily basis and will be able to attempt to get your child support payments modified. In Florida, if the Court has entered a Final Judgment regarding child custody or child support, and a party seeks changes to the time-sharing decision or child support amount, that party must file a Petition for Modification. In its original child support determinations, the Court made its decision following the Florida child support guidelines and based upon the best interest of the child. This means that in order to prevail in a modification action, the party seeking modification has the “extraordinary burden” of proving a “substantial change in circumstances” occurred since the previous Final Judgment that warrants modification.Florida courts have defined a substantial change in circumstances to be one that is substantial, material, unanticipated at the time of the Final Judgment, and permanent in nature. The individual seeking modification must prove all these elements, something which is far from easy, in order for the Court to modify the order. Hiring an experienced Miami child support modification attorney is your best chance at having your child support payments modified because they attempt to gather evidence a judge may see as sufficient to warrant a modification.
If you have an order to pay child support and would like to modify the payment amount, contact our Miami child support attorneys at Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.
When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.
The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.