Once your divorce or paternity action is final you may think you will never have to re-visit those issues again. The ink is dry on the Final Judgment! It has been filed with the clerk’s office! After all that time and trouble, everyone has adjusted to a new routine. But wait a minute!
The fact is, that as time marches on, some provisions of the final judgment may need adjusting due to changing situations. A court’s determination of parental responsibility or a parenting plan may not be modified without a showing of a substantial, material, and unanticipated change in circumstances since the entry of the final judgment and a determination by the court that the modification is in the best interests of the child.
In short, the change required to modify a parenting plan must be significant. It is important to plead and prove the elements of a substantial, material and unanticipated circumstance in order to meet the requirements of the law. Please note that under Florida law, modifications of child support and alimony are permitted under certain limited circumstances but this terrain is difficult to navigate on your own.
If you need to modify a final judgment for any reason, your best course of action is to retain the services of a qualified, experienced family law attorney. Please contact us at 386 257-1222 to schedule an appointment to discuss your case. We are ready to assist you in solving any problem related to your final judgment.
Posted on February 10, 2015