When there has been a substantial and material change in circumstances after a final judgment of Paternity or Dissolution of Marriage, either party may petition the court for a modification. Florida courts have made it very clear that there has to be a substantial, material, involuntary change in circumstances that was not contemplated at the time of the final judgment for a petitioner to be successful in modification proceedings.
When determining if the petitioner has successfully plead a substantial change in circumstances, regarding a time-sharing arrangement, the court will look to the best interest of the minor child or children as stated in the Florida statute 61.13. Additionally, Florida statute 61.14 governs a party’s burden when requesting an increase or decrease in child support or alimony. The financial ability of the obligor can certainly be a factor in a modification proceeding for reducing alimony or child support.
Florida does not have laws that recognize separation as a legal status. Child support, parenting time schedules, even alimony, etc., can be legally established in a separation agreement even if divorce does not follow. An experienced Family Law Attorney, Mellany Marquez-Kelly, can help you navigate the complexities of the legal system in reaching any modification determination that is fair, and will protect your rights.