Divorce Articles - Florida Law
Modifying Court Orders in Florida
Once an order or final judgment has been entered in Florida, modifying it is usually not easy. However, life often changes unexpectedly, and Florida courts can modify existing orders under certain circumstances.
Reasons for Modifying a Florida Court Order
Requests for a court to modify an order usually relate to adjusting time-sharing schedules, increasing or reducing child support or alimony payments, or changing parenting plan provisions. Court orders may be modified when there has been a substantial change in circumstances of either parent a minor child since entry of the order or judgment. The change must also be unanticipated, material, permanent, and in some situations, involuntary. Examples of changes that could justify modifying a court order in Florida may include:
- Substantial changes to either parent’s lifestyle:
- Increase or decrease in income
- Loss of employment
- Physical injury
- Mental health issues
- Failure to regularly exercise time-sharing as ordered by a court
- Potential threats to the best interests of a child:
- Inefficient living conditions
- Lack of parental involvement
- Improper educational and social development
- Evidence of physical abuse
Process for Requesting Modification of a Florida Court Order
A petition for modification must be served to the other party. The petition must include certain allegations. The other party will have 20 days to respond to the petition.
Ultimately, a judge will determine if substantial changes are present that warrant modifying a court order. Of course, the burden of proof is on the party requesting the modification and any proposed modification can be opposed or denied by the other party.
Get Experienced Assistance from a Divorce Modification Attorney
Petitioning the court for modification of an order or final judgment can be a complicated process. If you require help getting your court-ordered alimony, child support, parenting plan, or time-sharing schedule modified, the experienced amodification ttorneys at the Roberts Family Law Firm in Orlando can provide you expert legal assistance and aggressive representation. Call us today at 407-426-6999 or fill out the online form located on this page.
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