Modification of a Parenting Plan, child support, or alimony may be sought in Florida under certain statutory guidelines. To modify a Parenting Plan, a party must demonstrate that there has been a substantial, unanticipated, and material change in circumstances since the entry of the Final Judgment. This can be a gray area and is best discussed with a family law attorney to determine if your circumstances meet this standard.
Modification of child support is warranted if the child support amount will change by 15% or $50.00, whichever is greater. It can be hard to tell when to file for a modification of child support because in order to run child support numbers, you need the incomes of both parties, which is not generally readily available. Many times, clients will have an idea of a change in income demonstrated by the other party’s spending habits or as changes in positions or careers becomes evident which will act as the basis for reopening the case through a modification action. Once a modification of child support case is opened, the financials of both parties will be exchanged to determine if a modification is indeed appropriate and then the child support obligation can be changed accordingly.
A modification of alimony may be appropriate if alimony was awarded in the original case and there has been a substantial change in circumstances which changes the need or ability to pay of one party. Notably, if alimony was not awarded originally, there is no alimony that can modified subsequently, regardless of the changed circumstances. Each case is unique so a consultation with a family law attorney is encouraged when considering modification.