MODIFICATION OF ALIMONY – FORT LAUDERDALE / MIAMI
There are many types of modifications that can be filed with the Court. Child Support, Alimony, Time Sharing, Parenting Plans, and any other agreement that you feel should be changed to meet the demands of your current situation. This is normally called post-judgment proceedings because it is a request to change the Judge’s order.
In all of these types of cases. you must present to the Court a reasonable change of circumstances. For example, to modify child support you must show a change of 5% in the child support calculations for the Judge to consider modifying the amount you pay.
With Alimony it is sometimes tricky because I have to read your MSA to determine if its modifiable. Some agreements state that alimony is non-modifiable. It all depends on the language of the agreement.
The evidence must be presented in a manner that conforms to the Florida Rules of Evidence. The rules of evidence are a little tricky for most lay-people that go before the judge on their own. Remember the burden is on you to prove your case even if you are not an attorney.
I often times charge a few hours to perform legal research, read your agreement, review the evidence available to you, and report back the results of my legal investigation. This way you will have a solid legal opinion if you have a prima facie case to move forward with.
A premarital agreement becomes effective upon marriage. After marriage, a premarital agreement may be amended, revoked, or abandoned only by a written agreement signed by the parties. The amended agreement, revocation, or abandonment is enforceable without consideration.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Pre nuptials can be made to fit any marriage, but once once again I must warn that the parties cannot waive child support or the financial inferior spouse’s right to demand temporary attorney’s fees. This goes against public policy in Florida since the child cannot maintain himself and the financially inferior spouse has the right to be at equal footing in litigation if the other spouse has the ability to provide temporary fees.