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Jacksonville Divorce and Family Law Lawyers

Modification of Court Orders

Following the entry of a final judgment of dissolution or adjudication of paternity, changes or events can make the judgment unfair or unworkable. Under Florida law, a person can seek to modify his or her court order if there has been a “substantial change of circumstances”, but there are certain requirements that must be met before you can file for a modification of a court order.

Modification of Child Support

Two statutory provisions state the grounds that will warrant a modification of child support. §61.13, Fla. Stat. allows for modification “when the modification is found necessary by the court in the best interests of the child, when the child reaches majority, or when there is a substantial change in the circumstances of the parties.” §61.14, Fla. Stat. provides that a party may request an increase or decrease in support if the circumstances or financial ability of either party changes.

Modification of the Parenting Plan

At times a parent may want to modify a final order when issues regarding time-sharing, relocation, parental responsibility or other issues concerning the Parenting Plan are no longer viable for the parties. In those cases modification may be granted if the petitioner has established the existence of a substantial material, and unanticipated change in circumstances and that modification would be in the best interests of the child.

Modification of Alimony

A trial court has broad discretion in determining matters related to the modification of alimony, including whether alimony should be modified at all. The court must evaluate and weigh the testimony and evidence and must apply the statutory factors for determining alimony. As with other modifications, a court may not modify alimony unless there is a substantial change in circumstances of a party that relates to either the financial needs of the recipient or the ability of the payor to pay alimony. The change in circumstances must not have been contemplated at the time of the final judgment and the change must be permanent rather than temporary.

If you feel that your current situation is not meeting your needs or those of your family, you should consult with an attorney experienced in family law matters. Our firm is experienced in post-judgment modifications and we will carefully listen and evaluate your case, giving you the personal attention that we are known for.

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Address: 6160 Arlington Expressway Jacksonville, FL 32211-7142
Phone: (904) 724-4420 Facsimile: (904) 724-4421