Post-Judgment Modifications Involving Child Support and Timesharing in Florida
Post-judgment modification means revisiting a case to hopefully change some of the final rulings. In Florida, two of the final rulings that can be modified post-judgment are child support and parental timesharing. It is important to understand that no final ruling can be changed by the parties involved, even if both parties agree amicably to the change. A post-judgment modification must be made back in family court, usually by the judge who made the initial decision. However, before returning to court, it is wise to enlist the services of a Marital and Family Law professional, as there are several requirements in Florida that must be met before child support and parental timesharing can be modified, which a legal professional can help determine. These requirements are:
- The change must be material. In other words, the change must be significant in need, such as moving to a new location for a better job, a major health issue of either a parent or child, or an increase or decrease in either parent’s income.
- The change must be substantial. In other words, the change must be large enough to warrant a modification. For example, an illness must be severe enough in time and diagnosis to make earning a sufficient income for paying the ordered child support or for providing for the care and nurturing ordered in the parental timesharing plan. If there is a substantial loss or gain in income, it must be at least a 10% change. Any order up for modification must show a significant (substantial) change.
- The change must be unanticipated before the divorce is final. In other words, if a party knows there will be an income increase in six months following the divorce, that doesn’t count. Before the divorce is final, knowing a party plans to move after the divorce will not be a reason for parental timesharing modification based on the move. Judges will not entertain a modification if it can be proven there was anticipated knowledge before the divorce was final.
The couple will need to file a supplemental petition to modify child support and then will need to appear in court for a judge’s consideration and ruling. Frequently the court will require mediation before setting a court date in hopes the couple can come to an agreement which the judge will then review before signing. An in-depth financial disclosure is usually required of each party.
As mentioned at the beginning of this blog, it is usually wise to use a Marital and Family Law professional if you are hoping for a modification of child support and/or parental timesharing. Proving a change is material, substantial, and unanticipated can be tricky, and without proper proof, the judge will dismiss the case. A Marital and Family Law professional like Attorney Grant Gisondo will know how to properly present a case for modification of child support and parental timesharing. Attorney Gisondo, a Florida Board Certified Marriage and Family Law attorney, can represent clients in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, and Hillsborough Counties and New York and Washington DC. He offers a free, initial, in-office consultation where he will meet with a potential client to answer questions regarding modification and share how he can help. To make an appointment, please call his office at (561) 530-4568. And to learn more about Attorney Gisondo and his law practice, you can visit his website at https://gisondolaw.com.