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Peak Legal | An Elevated Family Law Experience

A Boutique Family Law Firm Focused On Connection, Compassion And Personalized Guidance

Counsel For Post-Judgment Modification After Divorce

In family law, final judgments and court orders are intended to provide stability and clarity to all parties involved. However, life circumstances can change significantly after a judgment is issued, necessitating modifications to ensure fairness and practicality. In Florida, post-judgment modifications allow parties to petition the court to adjust aspects of a judgment or order when certain criteria are met. If your circumstances have changed since your divorce, it might be time to enlist the help of a Miami post-judgment modification attorney.

What Is A Post-Judgment Modification?

A post-judgment modification occurs when a party named in a judgment seeks to permanently change the court’s final orders on the matter to reflect a material change in circumstances. These modifications pertain to the custody and support agreements that were put in place during the final divorce decree.

Types of post-judgment modifications:

  • Parenting plan orders, including parental responsibility and timesharing
  • Child support agreements or orders
  • Spousal support (alimony) agreements or orders, provided they are not lump-sum payments

Criteria For Modification

To successfully petition for a modification, the party seeking the change must demonstrate a substantial, material and unanticipated change in circumstances that affect the issues being modified. Effective July 1, 2023, the word “unanticipated” was removed from Chapter 61 modifications as it relates to parenting and time sharing.

Procedure For Seeking Modification

To initiate a post-judgment modification, the party seeking the change must file a petition with the court that issued the original judgment. The petition must clearly state the grounds for the modification and provide supporting evidence of the substantial change in circumstances. The other party will then have an opportunity to respond to the petition, and both parties may be required to attend a hearing where the court will evaluate the evidence and make a decision.

New Laws Effective July 1, 2023

  • Stat. § 61.13(2)(c) – The court shall determine all matters relating to parenting and time sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial and material change of circumstances. Effective July 1, 2023, the word “unanticipated” was deleted from § 61.13(2)(c) and is no longer a requirement for a modification.
  • Stat. § 61.13(2)(d)(3) – A determination of parental responsibility, a parenting plan or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child. Effective July 1, 2023: If the parents of a child are residing greater than 50 miles apart at the time of the entry of the last order establishing time sharing and a parent moves within 50 miles of the other parent, then that move may be considered a substantial and material change in circumstances for the purpose of a modification to the time-sharing schedule, so long as there is a determination that the modification is in the best interests of the child.
  • Section 61.14, Florida Statutes (2023), which addresses enforcement and modification of support, maintenance or alimony agreements or orders, was also amended effective as of July 1, 2023. The new version of Section 61.14 mandates the court to reduce or terminate an award of alimony upon a finding that a supportive relationship has existed. Fla. Stat. § 61.14(b)(1) (2023). The prior version of the statute provided that the court may reduce or terminate alimony upon a finding that a supportive relationship has existed. Fla. Stat. § 61.14(b)(1) (2019).

For Help Modifying Your Divorce Agreement, Call Today

If you have a change in circumstances and need to modify your divorce agreement, we can help. Call 305-697-1375 to schedule a consultation. You can also reach us using the online contact form.