Modifications

A “modification” is when a party is seeking to change the terms of an existing final judgment.  Generally, the property terms of a final judgment (the division of the assets and debts between the parties) cannot be changed.  Court may change (“modify”) a parenting plan (aka “custody”), alimony, or child support under certain circumstances.

Supplemental Petition for Modification

A modification case begins with filing a supplemental petition for modification.  Normally, the court cannot grant changes to a final judgment through filing a motion.  Often other required documents must be filed with the supplemental petition for modification.  Some are required by statute and others are required by local administrative order.

Modifications of a Parenting Plan (custody)

A party seeking to change the parenting plan (aka custody) terms of a final judgment must meet a two-party test.  First, the moving party must prove to the court that a substantial and material change in the family’s circumstances has occurred.  Once that is proven, the moving party must prove to the court that the proposed changes to the parenting plan are in the minor child(ren)’s best interest.  The factors the court considers in determining the child’s best interest are the same ones that must be considered in an original parenting plan (custody) proceeding.

Modifications of Alimony

When discussing “modification” of an alimony award, it could mean an increase or decrease to the amount or length of the alimony award or a termination of the award.  The changes may be temporary or permanent.

Whether an alimony award may be changed depends on the type of alimony award, if the award is by agreement or from a contested court order, and what aspects of the alimony award the moving party is seeking to change. 

If the alimony award is modifiable, the party seeking to change alimony must prove that a substantial and material change in circumstances has occurred which justifies changes to the alimony.  The moving party must prove that the change in circumstances has occurred. 

Generally, an alimony payor’s retirement from employment or an alimony recipient’s entry into a supportive relationship do not result automatically in termination or change to an alimony award.  Both situations are fact specific.

Modifications of Child Support

When discussing “modification” of a child support award, it could mean the increase or decrease to the amount or length of the child support award, termination of the award, or changes to matters related to child support such as payment of the out-of-pocket medical, dental, or vision expenses incurred on behalf of the children.

Generally, under Florida law, child support is always modifiable because a child support award belongs to the child and parents cannot contract away a child’s right to receive financial support from both parents. 

Child support may be changed when the party seeking the change proves a substantial and material change in the parties’ circumstances has occurred.  The child support guidelines (a mathematical formula from Florida’s laws used to determine the presumptively correct amount of child support to be ordered) may be a basis to change a child support award if the difference between the existing monthly obligation and the amount to be provided under the new guidelines differs by at least 15% or $50, whichever is greater.

Typically, the legal requirement to provide child support will automatically terminate upon the death of either party, when the child turns 18 years, marries, dies, joins the armed forces, or becomes totally self-supporting, whichever first occurs.  However, if a child is attending high school with a reasonable expectation of graduating before the age of 19 years and is not otherwise emancipated, child support continues through the month in which the child graduates from high school or the child’s 19th birthday, whichever first occurs. 

Sometimes, parents can be ordered to provide financial support to a child beyond the child’s 18th birthday when the child is considered dependent on the parents because of a mental or physical incapacity which began before the child reached majority.  Such situations are fact specific.