What is a Modification of a Florida Divorce Decree?

The orders issued during a divorce case are final and legally binding. Violating these orders has serious consequences and so, it is critical that all parties comply with them. Still, they say that one of the only constants in life is change and the orders that made sense at the time of your divorce may no longer be practical. In these instances, you may have to petition the court for a modification. What is a modification after divorce? Below, our Tampa modification attorney explains more.

How to Modify a Divorce Final Judgment (Order) in Florida 

Regardless of whether you need to change an alimony, child custody, or child support order, there are two methods you can use. You and your former spouse can mutually agree to the change with each other. Once you have reached an agreement, you can then file the petition with the court and as long as the modification is reasonable, a judge will approve the new terms of the order.

Reaching an agreement with your former spouse is the best way to modify divorce orders. If you cannot reach an agreement with your former spouse, you will have to go to court so a judge can make a decision in your case. Taking the dispute to court is not only expensive, but it is also very time-consuming.

Requirements for Modifying a Divorce Order 

You must prove that there has been a significant change in your circumstances when asking the court to modify a divorce order. The change must be permanent and it could not have been anticipated at the time of the divorce. The court may modify the terms of a child support, visitation, custody, or alimony order.  Normally, you cannot modify distribution of assets or debts in a modification of a final judgment.

Reasons for Seeking a Modification of a Divorce Final Judgment

1. Change in Financial Circumstances:
   • Loss of income or job.
   • Increase in expenses.
   • Change in the financial needs of either party.
2. Change in Custody or Visitation Arrangements:
   • Change in the best interests of the child.
   • Relocation of one of the parents.
3. Child Support Modification:
   • Change in the financial situation of either parent.
   • Change in the child’s needs.
   • Change in custody or visitation.
4. Spousal Support (Alimony) Modification:
   • Change in the financial situation of either spouse.
   • Cohabitation or remarriage of the receiving spouse.
5. Property Division:
   • Discovery of hidden assets.
   • Fraud or misrepresentation during the divorce process.
6. Health Issues or Disability:
   • If a party becomes disabled or experiences a significant health issue, this could be a reason for modifying spousal support or other financial arrangements.
7. Legal Errors or Mistakes:
   • If there was a mistake in the original judgment, such as a clerical error or oversight, it may need to be corrected.
8. Violation of Court Orders:
   • If one party is not complying with the terms of the final judgment, such as failing to pay child support or violating custody orders, a modification may be sought.
9. Substantial Change in Circumstances:
   • Most modifications require a showing of a substantial and material change in circumstances since the time of the divorce.

It’s important to note that seeking a modification of a divorce final judgment typically requires filing a motion in court and providing evidence to support the requested changes. The specific requirements and processes for seeking modifications can vary by jurisdiction, so it’s advisable to consult with an attorney who specializes in family law to understand the legal requirements and options available to you in your specific situation.

The courts in Florida do not approve every request for modification. If you can show that you have complied with the court-issued orders since the time of your divorce, you will have a better chance with your modification case. This will establish that a substantial change of circumstances has occurred and that you are not seeking a modification simply because they are inconvenient for you.

Our Tampa Modification Attorney Can Help Prove Your Case 

It is possible to obtain a modification of a court order after divorce, but that does not mean it is easy. At All Family Law Group, P.A., our Tampa modification attorney can guide you through the process and help you collect evidence that can prove your case. If you have experienced a substantial change of circumstances that you could not have anticipated at the time of divorce, call us now at 813-672-1900 or contact us online to request a free consultation of your case with one of our knowledgeable attorneys and to get more information.  Se habla Español.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html