Family Law in Florida: Know the Legal Grounds for Modifying a Final Judgment

Any ongoing family law obligation in Florida—child custody, child support, and spousal support—is subject to modification. Florida law permits modifications to final judgments in family law cases—but only under specific legal conditions. The party requesting a modification must clearly demonstrate that there has been a substantial, material, and unanticipated change in circumstances. Within this article, our Clearwater family law attorney provides a comprehensive overview of the key things to know about the legal grounds for modifying a final judgment in Florida.

Child Custody, Child Support, and Spousal Support May Be Subject to Modification 

First and foremost, it is important to emphasize that an ongoing legal obligation related to a family law matter could be subject to a modification in Florida. Typically, family law modification cases involve one of the following three issues:

• Child custody;
• Child support; or
• Spousal support.

Courts recognize that circumstances can (and often do) change over time—and that means that final judgments are not necessarily set in stone. You may have the right to request a legal change if current terms are no longer fair, just, practical, or otherwise appropriate.

 You Must Demonstrate Substantial, Material, and Unanticipated Change in Circumstances

 To successfully modify a final judgment in Florida, you must prove a substantial, material, and unanticipated change in circumstances. To be clear, courts do not entertain modification requests based on minor issues or changes that parties could and should have reasonably predicted. Something major must have changed since the initial order or agreement was put in place.

For example, imagine that you are seeking the modification of a child support order. You would need to prove a substantial, material, and unanticipated change in circumstances that is consistent with the requirements of Florida Statutes § 61.13. A change in circumstances could either justify an increase or a decrease of the child support depending on the specific situation.

Best Practice: Try to Seek Voluntary Modification First

 With family modification cases, a collaborative approach is generally best. Before turning to the court, you should usually make a good faith attempt to reach an agreement with the other party’s former spouse/former co-parent. If you both consent to the new terms, you can submit a joint stipulation for court approval. Notably, judges in Florida generally give parties considerable discretion to change an ongoing family law matter if they both agree on the proposed change. Of course, if an agreement cannot be reached, you have the right to petition for a modification directly with the court. In Florida, the petitioning party has the burden of proving that their proposed change meets legal requirements.

Contact Our Clearwater Family Lawyer Today

At the Law Office of Gale H. Moore P.A., our Clearwater family law attorney is a knowledgeable, skilled advocate for people and families. If you have any questions about seeking a modification of a final judgment—whether for child custody, child support, or spousal support—our team is here to help. Contact us today to arrange your fully private, no obligation initial consultation. We provide family law services in Clearwater, Largo, and all across the wider region.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html