POST MODIFICATION AND MODIFICATION PROCEEDINGS
After a Judgment has been rendered by the Court, there are situations which allow a party to re-open a case and modify some of the Judgments terms. Most modification proceedings are related to child support.
In Florida, a party may modify child support if either party has an increase or decrease of income which would then change the child support amount. The law states that a party can change child support if a "substantial change in circumstances" has occurred. The Courts have interpreted a "substantial change in circumstance" to be an increase or decrease of income of 15% each year or $50 per month. In addition to income changes, there has to be in increased need of the minor child(ren).
Another common modification of a Judgment is visitation. Sometimes, a party may move to another city, county or State and therefore, the secondary residential parent's visitation is affected and therefore meets the criteria to modify the terms of the Final Judgment. This would again be interpreted a "substantial change in circumstances" in order for a parent to modify the original visitation terms of a Final Judgment.
Many parties, after a Final Judgment has been rendered by the Judge, desire to change custody. In Florida, it is quite difficult to meet the "substantial change in circumstances" in order to change a custody arrangement in a Final Order. Many Judges will not change a custody order absent a significant reason. It has been stated in Florida law that the parent wanting to change a custody order has a high burden in order to prove that custody should be changed. Physical harm to a child, forbidding a parent to have contact with a child when a visitation order exists, moving a child outside the state without consent or court order, have been considered "substantial changes in circumstances" in order to change a custody order.
If you would like to change a Final Judgment, contact the Baird Law Group for a consultation in order to determine if you situation warrants a modification of a Judgment.
