Modification Attorneys Jacksonville

Modification of court orders.

What happens when circumstances change? When the needs of the parties and the best interest of the children are no longer being met by the court’s order?

Little in life is constant; life after divorce is no exception. The circumstances supporting a Court Order can change in a substantial and unexpected way. Circumstances that often warrant a need for modification may include material changes in (i) the income, employment opportunities, schedules, or health of a parent or (ii) the financial, health, or personal needs of the children.

When these circumstances occur and the final judgment is no longer meeting the needs of the parties and the best interests of the children, the law allows a party to seek a Modification of the Court’s Order to correct the problem. Revisions may include adjustment(s) to the family and child support requirements, the child custody or parental responsibility, timeshare, and
parenting plans orders.

LEGAL CRITERIA: MODIFICATION OF CHILD SUPPORT

Parents, pursuant to Florida Statute 61.14, a party seeking to modify child support must present the following:

  • Factors that prove a substantial and unanticipated “change in circumstances” which warrant a need for an increase or decrease in support.
  • The “change in circumstances” must have occurred after the entering of the Final Judgment.

Factors that the Court may consider:

  • Substantial change in the ability of the paying spouse to perform under the terms of the Final Judgment;
  • Substantial increase or decrease in the costs of health care and/or insurance;
  • Substantial change in the costs of day-care or education;
  • Substantial change in the financial needs of the children or the recipient spouse;
  • Substantial change in the health of the children; and Substantial change in unforeseen circumstances regarding the children.

LEGAL CRITERIA: MOTION FOR MODIFICATION OF CHILD
CUSTODY

Parents: Pursuant to the Florida Statutes, a party seeking to Modify the Child Custody must present the following:

  • An unanticipated and “substantial change in circumstances” that would warrant a change in child custody (parental responsibility and/or timeshare).
  • The “change in circumstances” must have occurred after the entering of the Final Judgment and the “best interests” of the child is promoted by the requested change.

FACTORS THAT THE COURT MAY CONSIDER:

  • Parental failure to abide by the regulations set forth in the Parenting Plan in regard to the health, welfare, and maintenance of the children;
  • Parental failure to abide by the Timeshare Schedule;
  • Parental behavior that detrimentally impacts the safety and welfare of the children;
  • Substantial deterioration in the physical and/or mental health of the parent making it impossible to perform parental responsibilities; and
  • Substantial change in circumstances where it is detrimental and no longer in the “best interests” of the children to remain under the current guidelines or situation.

Contact Clause

If you are seeking an informed analysis of your family situation, advice regarding your legal rights, and guidance resolving these issues, please contact Treece & Treece at (904) 737-1771 or email us at treecelaw@bellsouth.net to schedule a consultation.

We serve clients in Jacksonville, Duval County, Jacksonville Beach, Atlantic Beach, Neptune Beach, Ponte Vedra Beach, St. Augustine, St. John’s County, Fernandina, Yulee, Amelia Island, Nassau County; MacClenny, Glen St. Mary, Sanderson, Taylor, Baker County, Green Cove Springs, Kingsley Lake, Clay County, Starke, and Bradford County.

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