Modification/Enforcement

In order to modify a final judgment of divorce or paternity  in Florida, you must file a supplemental petition to modify.  Under Florida law, orders are modifiable only where there is a significant change in circumstances or financial ability.  Also, it must be shown that the change was not contemplated by either of the parties at the time of the final judgment.  The party requesting the modification has the burden of proof of the change.  In modifications involving children’s issues, such as timesharing, the best interests of the child will also be taken into consideration.

There are issues that are not modifiable, such as property and debt distribution.  However, if you feel a modification is warranted in your family law matter, you should seek the advice of a qualified and experienced family law attorney.  This is especially crucial if you are seeking to modify a financial issue as you are typically only entitled to modify back to the date that you file your petition.

If you have questions regarding whether or not a modification is possible in your divorce or paternity matter, contact Attorney Wade P. Luther at Family Law of Orlando to schedule an initial consultation.