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/time sharing. Sometimes, a party may move to another city, county or State and therefore, the secondary residential parent's visitation/timesharing 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/timesharing terms of a Final Judgment.
Many parties, after a Final Judgment has been rendered by the Judge, desire to change their custody/parenting plan. In Florida, it is quite difficult to meet the "substantial change in circumstances" in order to change a custody/parenting plan arrangement in a Final Order. Many Judges will not change a custody/parenting plan order absent a significant reason. It has been stated in Florida law that the parent wanting to change a custody/parenting plan order has a high burden in order to prove that the custody/parenting plan should be changed. Physical harm to a child, forbidding a parent to have contact with a child when a visitation/timesharing 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/parenting plan 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.
