Modification of Final Judgments in a Florida Family Law Court (Dissolution of Marriage and Paternity)
As time passes, unexpected changes may occur in your life that may require modification of your current parenting plan, child support, alimony, or other family-law court order or judgment. There are a few scenarios that may constitute a “substantial change in circumstances.” The Courts in Florida have repeatedly held that the change in circumstances must be significant, material, involuntary, and permanent. See Overbey v. Overbey, 698 So. 2d 811, 814 (Fla. 1997). Furthermore, in order to obtain a modification, you must prove that the substantial change in circumstances was one that the parties did not contemplate or anticipate at the time of the original order. See Harbin v. Harbin, 762 So. 2d 561 (Fla. 5th DCA 2000). In some cases, a substantial change in circumstances may be caused by the other party’s conduct. For example, the noncustodial parent’s failure to exercise his/her time-sharing schedule would be considered a substantial change in circumstances that would result in the modification of the child support award. However, the noncustodial parent’s failure to exercise his/her time-sharing schedule may not be due to the actions or conduct of the other parent.
If the court has entered a final order or judgment in your prior divorce, paternity action, or any other family law matter, and your circumstances have substantially changed, our West Palm Beach family law attorneys may be able to help in modifying the court’s judgment.