Modification of Parenting Plans

In order to modify a parenting plan, Florida law states that if a party has a substantial, material, and unforeseen change in circumstances, then they may petition the court for a modification of a parenting plan and time-sharing schedule. This means that if a person’s life circumstances have changed significantly since the judge entered the final judgment or the most recent order modifying a parenting plan (if applicable), a parent may seek modification of the parenting plan or time-sharing schedule.

 

Modification of Child Support

Florida law states that both the parent paying and receiving child support can request a modification, as long as they can demonstrate that there has been a significant change in circumstance that would warrant a modification. Situations that might grant a modification of child support include:

 

• Significant reduction in income of either party due to involuntary job loss, hospitalization, or long-term health concerns

• An increase in income due to a promotion, new employment, or business venture that offsets the child support equation

• Child is emancipated or there is a decrease in children’s care expenses (i.e., daycare is no longer required)

• Changes in health insurance availability or costs

• Change in Parenting Plans (custody) or Time-Sharing Agreements.

 

The guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.

 

Modification of Alimony

Some forms of alimony are modifiable and some are not. Bridge the gap and lump sum alimony cannot be modified. Rehabilitative, durational, and permanent alimony may be modified or terminated under certain circumstances, such as significant change of income by either spouse, disability, retirement, remarriage of the recipient former spouse, the recipient former spouse engaging in a supportive relationship, or the recipient former spouse choosing not to follow through with a specific rehabilitative plan. This is not an inclusive list and every alimony modification case is unique.

 

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