Modifying a Divorce Decree in Florida

Florida divorce cases are finalized with a Final Judgment of Dissolution of Marriage. Typically, a Final Judgment of Dissolution of Marriage outlines the terms of the divorce.  If the parties enter into an agreement, the Final Judgment will outlines the parties’ agreement regarding property division, alimony, timesharing (child custody or visitation), child support, and other divorce-related matters. Both parties must abide by the terms set forth in the Final Judgment of Dissolution of Marriage.  Failure to follow the court-ordered terms may result in serious negative consequences, including being held in contempt of court. However, sometimes changing circumstances may make the original Final Judgment impractical, unworkable, or undesirable.  In some situations, modifying the original Final Judgment may be necessary and possible. That said, navigating the process of modifying a Final Judgment can be complex, which is why it is crucial to seek the help of a skilled family law attorney.

What Provisions of a Final Judgment of Dissolution of Marriage Can Be Modified?

In Florida, once rulings are made concerning the division of the parties’ assets and liabilities, otherwise referred to as Equitable Distribution, those provisions in a Final Judgment typically are not modifiable.  However, under the right circumstances, provisions concerning a parenting plan and/or timesharing, child support and alimony can be modified if there has been a substantial and material change in circumstances since the entry of the Final Judgment.

The petitioning party must file a Supplemental Petition for Modification with the court to initiate a modification. The petitioning party has the burden of proof to show why a modification is warranted, and when it involves a modification of a parenting plan and/or timesharing, why the change is in the best interests of the child(ren).

Grounds for Modifying Florida Divorce Decree

Generally, to qualify for a modification of a divorce decree in Florida, you must demonstrate a substantial and material change in circumstances that affects either party’s financial stability, ability to meet their obligations, or the interests of any children involved.  Prior to July 1, 2023, in order for a party to qualify for a modification of a parenting plan and/or timesharing schedule, a party would have to not only prove that there was a substantial and material change in circumstances, but he/she would have to prove that the change was unanticipated at the time that the Final Judgment was entered.  However, the law changed as of July 1, 2023, removing the “unanticipated” requirement, making it somewhat easier to obtain a modification under the appropriate circumstances.  The following are some examples of substantial changes in circumstances that may warrant modifying a Florida Final Judgment of Dissolution of Marriage:

• Decrease or increase in income for either party: A decrease or increase in a party’s income can affect their financial stability or ability to meet financial obligations, such as alimony or child support, warranting a divorce decree modification.
• New financial needs or expenses: For example, unexpected significant medical expenses can affect a party’s financial stability and justify modifications of alimony or child support.
• Remarriage or cohabitation: If an ex-spouse begins cohabiting with a partner or remarries, it may necessitate modifying an existing alimony order. The court can terminate alimony in Florida if the receiving party remarries or begins cohabiting with a partner.
• Retirement: If the party ordered to pay alimony retires or is intending to retire in the near future, he/she may be entitled to a modification or termination of the alimony payment.
• Health issues: For instance, if one parent experiences health issues that affect their financial situation or ability to care for a shared child, this could be sufficient grounds for seeking a Final Judgment modification.
• Changes in childcare costs: Changes in childcare costs may necessitate either increasing or reducing child support.
• Safety concerns: Instances of domestic abuse or other safety concerns that were not previously addressed or disclosed in the underlying proceedings may warrant modifying a Final Judgment.

Contact a Tampa Family Law Attorney

Our Tampa family law attorney at The Law Office of Laura A. Olson, P.A. can guide you through the process of modifying a Florida divorce decree. Contact us today to schedule a consultation.

Source:

flsenate.gov/Session/Bill/2023/1301/Analyses/h1301z1.CJS.PDF