Justice Mural
Practice Areas
Marital & Family Law
Divorce, Support & Modifications
Labor & Employment Law
Representing Business and Employers

Law Offices of
Bruce A. Leinback, P.A.

1820 Miccosukee Commons Drive
Tallahassee, Florida 32308

Email Us

Phone: (850) 942-9700

Modification of Final Judgment

Marital and Family Law


Family

Florida law permits the modification of final judgments of dissolution of marriage (divorce decrees) and other court orders for alimony, child support, parental responsibility, and time-sharing with minor children, under certain circumstances. Modifications may be possible where circumstances have changed since the entry of the court order. The changes must be substantial and material, and unanticipated at the time the final judgment or original order was entered. The changed circumstances which may permit modification can arise long after the court order was entered. A change of income, or any number of other situations, may form the basis for a modification. 

Most of the law in Florida regarding modification has been developed by the Florida courts (case law), and new decisions regarding modifications come out on a fairly regular basis. For example, within the past few years, the Florida Supreme Court has held that before a court can order a change in the amount of time that a minor child spends with each parent, there must be a finding that the proposed change would be in the best interests of the child, but there need not also be a finding that maintaining the status quo would be detrimental to the child.

Under Florida law, to modify a court order based upon a change of circumstances, the change must not be temporary. For example, the fact that someone has lost a job and is receiving unemployment compensation does not mean that their child support payments can be immediately reduced. In such cases, even if they cannot pay the current support amount, the obligation will not be modified by the court. However, if the unemployment continues for a period of time or the individual eventually finds a new job at a lower rate of pay, modification of the support obligation may be warranted.

Our attorneys represent individuals seeking to modify court orders, as well as individuals who are seeking to prevent a modification. Whatever the situation, our attorneys work closely with our clients to advise them and represent them in court. If you have a question regarding a modification of a final judgment or other court order in Florida, please feel free to contact us via email or by telephone at 850-942-9700 for a free initial consultation. The law firm of Bruce A. Leinback, P.A., has many years of experience dealing with Florida divorce law and the modification of final judgments. Whether you live in Tallahassee, Crawfordville, Monticello, Quincy, Apalachicola, Bristol, Blountstown, Port St. Joe, Panama City, Marianna, Madison, Perry, Mayo, or any other community in the area, we can help you.  Contact our office today.

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