What Does ‘Substantial Change’ Mean When Modifying a Florida Divorce Order?
It is sometimes possible to modify divorce orders but it is never easy. Determining whether you are eligible to petition the court to change a final order hinges on whether you can prove that there has been a substantial change in circumstances. The courts in Florida will not review a divorce order simply because you want different terms. You must show that your life, or the life of your former spouse, has changed significantly since the order was first issued.
Knowing what constitutes a substantial change can help you determine whether it makes sense to pursue a modification. Below, our Tampa modification lawyer explains in greater detail.
What Does ‘Substantial Change’ Mean Under Florida Law?
The family courts in Florida will not take the matter of reopening your case lightly. The Florida Statutes specifically establish that divorce modifications require proof of a substantial change in circumstances. This standard is meant to protect the final nature of divorce orders while also allowing for changes when life circumstances are dramatically altered.
Family law judges will consider whether the life changes are substantial and material. This means they were unforeseeable at the time the original court order was issued and that they substantially impacted the foundation of the initial order. The change does not necessarily have to be permanent in order for a court to grant a modification, but judges will consider how long the change will remain in effect.
Generally speaking, the change must also be voluntary. For example, if someone quit their job so they could petition for the termination of alimony, the courts would likely not consider this reason enough to modify the order.
Common Examples of Substantial Changes
Knowing the standard used for modifications can make it easier to understand when judges will consider changing a divorce order. Some of the most common examples include:
- Changes in employment and income: Changes in income and employment can constitute the need for a modification. For example, someone may receive a promotion after divorce, allowing them to pay more in alimony. Or, their spouse may petition the court to increase child support payments.
- Sudden illness or injury: When someone suddenly and unexpectedly becomes sick or suffers an injury, they may not be able to fulfill their obligations under the initial court order. They may no longer be able to care for their children or go to work, and their increasing medical expenses can make paying support difficult. In these instances, they may petition the court for a modification.
- Changes in a child’s needs: As a child develops, their needs naturally change. Additionally, a child may suffer a disability or a serious medical condition that requires additional support or for time-sharing schedules to change.
Our Modification Lawyer in Tampa Can Help Prove Your Case
Proving your case when pursuing a modification is not easy. At All Family Law Group, P.A., our Tampa modification lawyer can review the facts of your case, advise on the evidence to collect to prove the need, and help you navigate the process. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to get the legal help you need. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
