Modifying a Florida Family Law Order
Court orders for support and time-sharing are not always permanent. When circumstances change after a final judgment, Florida law allows a party to ask the court to modify the order. The standard is demanding, and the requirements differ by the type of order. A Clearwater post-judgment modification lawyer can assess whether your situation meets it.
The Substantial Change Standard
Most modifications require proof of a substantial change in circumstances that has occurred since the last order. The change generally must be material, permanent, and not anticipated when the order was entered. A temporary or expected change is usually not enough. A voluntary reduction in income, for example, will rarely support a reduction in an obligation. The party asking for the change carries the burden of proving it.
Child Support Modifications
Either parent may seek to modify child support when a substantial change has occurred, such as a significant shift in income or a change in the time-sharing schedule. Florida treats a difference of at least 15 percent or 50 dollars between the existing order and the current guideline amount as grounds for modification. The child support page explains how the guideline amount is calculated.
Time-Sharing Modifications
Changing a time-sharing schedule is harder than changing support. A parent must show a substantial, material, and unanticipated change in circumstances, and must also show that the change serves the child’s best interests. Relocation is one common basis. Under section 61.13001 of the Florida Statutes, a parent who plans to move 50 miles or more for at least 60 days must obtain agreement or court approval before relocating. The child custody page explains the best-interests factors the court applies.
Alimony Modifications
Alimony may also be modified when circumstances change. Under section 61.14 of the Florida Statutes, a court may increase, decrease, or terminate alimony based on a substantial change in the financial circumstances of either party. A supportive relationship between the recipient and another person, or the paying spouse’s reasonable retirement, can also justify a change. Some forms of alimony are not modifiable, so the terms of the original order matter. The spousal support page describes the types of alimony Florida awards, and a St. Petersburg alimony lawyer can review whether your order qualifies.
The McKinney Law Group handles modifications and enforcement of support and time-sharing orders across the Tampa Bay area. Consult a Tampa family lawyer and contact our office to schedule a consultation regarding your situation.