POST MODIFICATION AND MODIFICATION PROCEEDINGS FAQ
How can I change my Final Judgment?
In order to modify or change a Final Judgment, you must file a Supplemental proceeding in the clerk of court of your county. There is a fee to re-open your case. Thereafter, you must serve the other party to begin the proceedings.
How does a Judge determine whether to change an existing Final Judgment?
In order for a Judge to modify a previous order, he/she must find that there is a substantial change in circumstances that has occurred since the Final Judgment.
Can I change child support if I know my ex-spouse has had an increase in pay but unsure of the amount?
Many clients believe that the other party has had a significant increase in pay. If this were true, then most likely this would allow the Judge to change the amount of child support. In order to be sure, records can be obtained in order to determine if the other spouse has truly had an increase in pay in order to change child support.
Would it be possible to change a custody/parenting plan order because my ex-spouse does not know how to parent the child?
This is a very common question relating to changing a previous custody/parenting plans order. Many parents believe that since the other parent may put the child to bed late or feed him/her unhealthy food that this may warrant a change of a custody/parenting plans. However, most likely, these will not meet the Court's standard absent a significant decrease in the child's grades due to lack of sleep or the child has been diagnosed with malnourishment.
What if my ex-spouse refuses to allow me to see my child unless I pay him/her child support?
Florida law states that even if a parent does not pay child support, the other parent cannot forbid visitation/timesharing with the minor child(ren). The Courts see this as two separate subjects; child support and the right to parent a child. However, many Judges will take this into consideration at a hearing to change custody/parenting plans due to one parent forbidding the other parent to have access to the minor child(ren).
Can I modify a previous Final Judgment regarding property rights?
Under Florida law, property rights within a Final Judgment are final and cannot be changed. However, there are times that a party may not abide by the terms of the Final Judgment regarding the property. One of the most common is that a party was ordered to put the marital home up for sale but failed to do so. This would allow the other party to file an enforcement action in order to have the party comply.
What if me and my ex-spouse have agreed to have a different visitation/timesharing schedule than the visitation/timesharing schedule ordered in the Final Judgment?
The Final Judgment usually sets a schedule absent the parents agreeing otherwise. Parents may agree at any time to change a visitation/timesharing schedule, however, if one parent does not agree to the change, then the Final Judgment visitation/timesharing schedule should be used.
