CHANGING A FLORIDA FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE
Changing final judgments in Florida is possible. A Final Judgment dissolves the parties’ marriage. The Final Judgment guides the parties and requires each party to comply with its provisions.
If you have a Final Judgment that orders the parties to comply with a custody arrangement, requires the payment of alimony, orders a time-sharing schedule, division of marital assets, the payment of child support, or any other family law issue, you can change those provisions if they have become overly burdensome or not in the best interests of a minor child. To change a Final Judgment there are very specific steps that must be followed.
HOW TO CHANGE A FINAL JUDGMENT
If a party to a divorce wants to change the Final Judgment, he or she must establish that since the entry of the Final Judgment there has been a substantial, significant, and unanticipated change in circumstances that warrant the modification. The change in circumstances must be permanent or near-permanent, and could not have been anticipated by the parties. The process begins with filing a Supplemental Petition To Modify Final Judgment Of Dissolution Of Marriage.
In the Supplemental Petition, you must identify the provisions in the Final Judgment that you want to be changed, how you want them changed, and the significant change in circumstances that warrant a modification. The significant change in circumstances must occur after the entry of the original Final Judgment.
The party seeking modification has the burden of proving a significant change in circumstances, and this is not easy. Courts are generally reluctant to modify an existing Final Judgment.
The petitioning party serves the opposing party with the Supplemental Petition. The opposing party then has 20 days to file a written response. Once the petitioning party receives the response, the case will progress much like the original divorce proceedings.
EXAMPLES OF A SIGNIFICANT CHANGE IN CIRCUMSTANCES
What qualifies as a significant change in circumstances? The best way to explain this is to use an example. Let’s say the court ordered you to pay $500 per month for alimony. This may not pose a problem for you at the time. If after entry of the Final Judgment, let’s say you lost your job through no overt action on your part (you didn’t quit to avoid paying alimony, you didn’t accept a demotion with less pay, etc.), you retired or suffered an injury.
The loss of your job creates a loss in income, and meeting your monthly alimony obligation becomes overly burdensome. You can file a Supplemental Petition seeking to reduce or eliminate your monthly alimony obligation. You can also ask the court to modify your alimony payment if the other former spouse has realized a significant increase in his or her income.
Changing final judgments that involve children can be difficult. In addition to showing a significant change in circumstances, you must also show that any change in the Final Judgment will be in the best interests of the minor child. Common provisions that a party will seek to modify are custody arrangements, child support, time-sharing arrangements, and relocation. In the absence of an emergency situation involving a minor child, the case will proceed through the usual steps. If an emergency situation exists, the court can order an immediate change. However, the court will hold a future hearing where both parties will be given the opportunity to be heard.
Changing a Florida Final Judgment can be done if you have experienced a substantial, significant, and unanticipated change in circumstances since the entry of your Final Judgment. If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. have questions, please feel free to call Tampa Lawyer Kevin A. Fuller. I will be happy to answer your questions and address your concerns.