Post Judgement Modification Issues

Court orders and Parenting Plans establish the terms of ongoing interactions between parents and former spouses, including custody/timesharing, child support, alimony, and the division of assets. People’s lives, however, unavoidably change, and these orders may not be realistic years later. In other situations, parents and former spouses have the same uncooperative or controlling behavior as they did during the marriage or relationship, and violate the terms of agreements and orders.

Florida Law requires evidence of a substantial change in circumstances before modifying a previous order. When a proposed modification involves child custody/timesharing, it must also be in the best interest of the child.

Examples of potential changes in circumstances are:

• A child’s needs change, including cases in which a child develops or has complicated special needs.
• One parent chooses to relocate and move to a different state or far away from the other parent.
• One parent is interfering with a child’s relationship with the other parent.
• A former spouse is convicted of a crime.
• A former spouse remarries or begins to cohabitate with another person.
• A former spouse loses his or her job, or gains new employment or a promotion.
• A former spouse’s physical or mental condition has deteriorated, such as by drug or alcohol abuse.

The Florida laws that define what facts are adequate to meet this burden of proof are complex and vary according to what type of modification you are seeking. Please contact Green Law, P.A. to schedule a consultation with an experienced Florida divorce and family law modification attorney.