Understanding Modifications to Court Orders
In order for a Final Judgment to be modified, one must prove to the court that a “substantial change in circumstances” has occurred. It is important to note that not every single change that has occurred since the Final Judgment was entered will amount to a “substantial change in circumstances.”
Modifying Child Support
In order for a Final Judgment to be modified, one must prove to the court that a “substantial change in circumstances” has occurred. It is important to note that not every single change that has occurred since the Final Judgment was entered will amount to a “substantial change in circumstances.”
What Qualifies as a Substantial Change in Circumstances?
Several factors can lead to a modification of child support:
- A significant increase or decrease in either parent’s income
One of the most common is a change in income for either parent or both parents. If one parent is making significantly more than when the child support order was entered, that could constitute a substantial change in circumstances. Similarly, if one parent is making
significantly less than when the child support order was entered, that could also be a substantial change in circumstances. - A change in the child’s needs or expenses (such as medical or educational costs)
If a child receives a medical diagnosis that requires expensive medication and procedures or agreed educational costs increase, that can constitute a substantial change in circumstances. - A change in the time-sharing arrangement between parents
For example, if child support was calculated based on equal time-sharing but one parent is now caring for the child 75% of the time, that may justify a modification.
Minimum Threshold for Modification
Child support is always modifiable in Florida if the new calculation results in at least a $50 or 15% change (whichever is greater) from the existing amount.
Time-Sharing and Parenting Plan Modifications
When Can a Parenting Plan Be Modified?
Parenting Plans may be modified for multiple reasons as well. Similar to child support, if the Parenting Plan no longer accurately reflects the time-sharing being exercised, it should be modified to do so. Additionally, sometimes one parent will move far enough away, while staying in the area, to make the current time-sharing schedule difficult or impossible to implement.
Parenting Plans can be modified when the current plan no longer accurately reflects the time-sharing being exercised or when circumstances make the plan impractical.
Common examples include:
- One parent relocating within or outside the area
- Substantial changes in work schedules
- The child’s best interests requiring a different schedule
- One parent simply overestimated their capabilities to be a single parent for a substantial amount of time after the divorce.
How the Court Determines the Child’s Best Interests
When modifying a Parenting Plan, the court will always have to determine what is in the best interests of the child.
When modifying a Parenting Plan, the court always considers what is in the best interests of the child. Factors include:
- The stability and consistency of the child’s environment
- The parents’ ability to communicate and cooperate
- The emotional and physical well-being of the child
- How well the existing parenting plan has been exercised.
Also, it is important to note that one parent’s failure to comply with the parenting plan, e.g. by failing to pay child support, does not give permission to the other parent to disregard the parenting plan as well, e.g. by disrupting the time-sharing schedule. Additionally, modifying a Parenting Plan and/or child support, is different from a legal action to enforce a Parenting Plan and/or child support.
At Artemis Family Law Group, we are very experienced with modifications and enforcements of prior court orders. Whether you are seeking to bring or defend against a modification/enforcement action, please contact our office to learn more about your options and best path forward. Click here to schedule a consultation at your convenience.
Minimum Threshold for Modification
Child support is always modifiable in Florida if the new calculation results in at least a $50 or 15% change (whichever is greater) from the existing amount.
Collaborative Divorce Frequently Asked Questions
Is There A Minimum Amount To Modify Child Support?
Yes. Child support is always modifiable in Florida so long as the change in support would be at least $50 or 15 percent of the current child support amount—whichever is greater. It is important to make sure that the new amount of child support meets this threshold criteria.
Our Settlement Agreement Said That Alimony Was Not Modifiable; Can I Still Seek To Modify It Now?
It depends, but proceed with caution. The court will not order alimony to be non-modifiable, but the parties can agree to that in a settlement agreement.
It is important to make the language as clear as possible in the written agreement—is the non-modification language addressing the amount of alimony, the duration of alimony, or both? Does the non-modification language also include remarriage or the existence of a supportive relationship?
The court will typically enforce the terms of a contract that two parties sign, which includes a marital settlement agreement, even if it later seems unfair or like a bad deal in hindsight. Before agreeing to the inclusion of non-modification of alimony language in a settlement agreement, it is crucial that you consult with an attorney to fully understand the consequences.
Can We Agree That Child Support Will Be Non-Modifiable In The Future?
No. Even if the parties agree in a settlement agreement that child support is non-modifiable, the court will modify child support upon the showing of a substantial change in circumstances like normal, regardless of the modification language. Child support is for the benefit of the child and thus modification of it cannot be waived by a parent.
