Modifications

Florida law allows for the modification of Final Judgments, and in turn, the modification of a Marital Settlement Agreement and/or Parenting Plan (i.e. time-sharing, parental responsibility, child support). However, in order to get a Family Court to grant your Petition for Modification of a Final Judgment, you will need to prove that a substantial, material, involuntary and permanent change in circumstances that was not anticipated when the Final Judgment was entered has occurred in your case (i.e. retirement, salary changes, changes in the needs of the child, changes in health, to name a few). For example, alimony may be terminated or modified due to significant life changes like the recipient's remarriage or cohabitation in a supportive relationship, retirement of the paying spouse, or the death of either party. However, you must file a formal petition with the Family Court and obtain a judge's Order before stopping payments. Another reason for modifying a Final Judgment is relocation, which affects children, time-sharing schedules and child support. After you are divorced, If you want to move to another state and you have minor children, a Petition to Relocate must be filed with the Family Court before relocating the minor children and you must obtain a Judge’s Order.