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 must be a substantial, material, unforeseeable, and involuntary change in circumstances that was not contemplated at the time of the final judgment for a petitioner to be successful in modification proceedings. In the case of a child support modification, examples of substantial changes would include a change in income for either parent, change in the overnight parenting pattern, change in expenses, etc. In order for a child support petition to be considered in Florida, the modification would need to result in a change in support of at least $50 or 15%, whichever is greater. When determining if the petitioner has successfully plead a substantial change in circumstances regarding a child 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. In the case of a child custody modification, a “substantial change in circumstances” could include an injury, illness, addiction development, significant move in location, etc. Any of these examples are instances that […]
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