Modification of Family Law Orders and Judgments
After the Court has entered a final judgment, whether it be divorce or paternity, the parties have a right to seek a modification of the judgment or order. However, in order to do so there must be substantial change in circumstances. The court is always open to modify child support if there has been a substantial change in the parties income, either up or down, and timesharing if there has been a substantial change in circumstances that would require the court to modify timesharing between the parties. The easiest of the modifications is for child support. In Florida we have child support guidelines and child support is based on the income of the parties. Modifying timesharing is much more difficult and you have to show that it is in the child’s best interest to have the timesharing modified. However, if the facts are right, the court will certainly modify timesharing agreements. The Court cannot modify the distribution of property that was determined to be fair and equitable in the final judgment unless there was fraud or other extraordinary circumstances.