Modification of Final Judgment of Divorce or Dissolution of Marriage
Modification of Spousal Support or Alimony:
One matter from a final judgment of divorce or dissolution of marriage which may be modified is spousal support or alimony which can be either an increase or decrease in the amount of financial support a spouse receives. Under Florida law, if the financial ability or the circumstances change then either spouse may request the court for modification of the alimony payment. Reduced or increased income of a spouse paying the alimony is not enough on its own for modification of alimony.
In order to modify alimony, a party must file a supplemental petition with the court and serve the other side. The party who is seeking the modification must show the court that there has been (1) a substantial change in the circumstances; (2) that the change was not contemplated by the parties at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature.
Alimony may be modified or terminated if the paying former spouse can prove the receiving party is involved in a “supportive relationship,” a relationship in which his or her expenses are being paid.
Modification of Child Support:
A party may also seek to modify child support either an upward or downward change in the amount of support a former spouse receives for the benefit of a minor child. Florida law authorizes the court to modify child support payments when the financial ability of either party changes or the child who is the beneficiary of an agreement or order as described reaches the age of 18, or 19 if still in high school with a reasonable expectation of graduation.
Florida Statutes list three grounds for modification of child support: (1) when modification is found necessary by the court and is in the best interest of the child; (2) when the child reaches the age of 18; and (3) when there is a substantial change in the circumstances of the parties. The party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. A guideline change must result in a change of either 15% or $50, whichever is greater. Substantial change may be either the child’s needs or a parent’s income. Once the court finds that there has been a substantial change then the court must consider all of the statutory factors in recalculating the child support obligation.
Modification of a Parenting Plan:
Under Florida law the standard for modification of a parenting plan, time-sharing schedule or parental responsibility is to show that the circumstances have substantially, materially changed since the original determination and the child’s best interests justify the change.
If a request is made to modify time-sharing or parental responsibility because a parent is activated, deployed or temporarily assigned to active military service and the parent’s ability to comply with the time-sharing schedule is materially affected, the court may only temporarily modify or amend the time-sharing if it is in the best interest of the minor child. However, the court is required to ensure contact between the military service member and the minor child by electronic communications, webcam, telephone and other available means as well as liberal time-sharing during periods of leave from military service. Upon return from active military service, deployment or temporary assingnment, the court is required to reinstate the original time-sharing schedule between the military service member and the minor child.
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Attorney Michael Fender has been representing spouses for 17+ years when their marriages come to an end. Mr. Fender represents Husbands or Wives in the Orlando, Florida area including Maitland, Winter Park, Lake Mary, Sanford, Altamonte Springs, Apopka, Casselberry, Oviedo, Ocoee, Winter Garden, Kissimmee, Deland, and Clermont. Please feel free to contact his office to schedule an appointment to discuss your rights and options with regard to custody, time sharing, parenting plans, equitable distribution of marital assets and debts, the marital home, alimony, child support, division of pensions, 401K’s, IRA’s and other retirement accounts. If you are in need of a lawyer for representation or advice, please contact Michael Fender’s office at 407-629-1886 or visit Attorney Fender’s website.
