Modification of Alimony:

Modification of Final Adjustment means to either make an upward or downward change in the amount of financial support a spouse receives. Under Florida law, if the financial ability or the circumstances change then either spouse may request the court for modification of the alimony payment. Reduced or increased income of a payor spouse is not enough on its own for modification of alimony.

Alimony cannot be modified without the moving party filing a petition with the court and providing the other side the opportunity to be heard. The party who is seeking the modification must show the court that there has been (1) a substantial change in the circumstances; (2) that the change was not contemplated by the parties at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature.

Alimony may be modified or terminated if the payor can prove the receiving party is involved in a “supportive relationship,” a relationship in which his or her expenses are being paid.

Modification of Child Support:

Modification of child support means to either make an upward or downward change in the amount of support a minor child receives. Florida law authorizes the court to modify child support payments when the financial ability of either party changes or the child who is the beneficiary of an agreement or order as described reaches majority.

Florida Statutes list three grounds for modification of child support: (1) when modification is found necessary by the court and is in the best interest of the child; (2) when the child reaches majority; and (3) when there is a substantial change in the circumstances of the parties. The party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. Substantial change may be either the child’s needs or a parent’s income. Once the court finds that there has been a substantial change then the court must consider all of the statutory factors in recalculating the child support obligation.

Modification of a Parenting Plan:

Under Florida law the standard for modification of a parenting plan, time-sharing schedule or parental responsibility is to show that the circumstances have substantially, materially changed since the original determination and the child’s best interests justify the change.

If a request is made to modify time-sharing or parental responsibility because a parent is activated, deployed or temporarily assigned to active military service and the parent's ability to comply with the time-sharing schedule is materially affected, the court may only temporarily modify or amend the time-sharing if it is in the best interest of the minor child.  However, the court is required to ensure contact between the military service member and the minor child by electronic communications, webcam, telephone and other available means as well as liberal time-sharing during periods of leave from military service.  Upon return from active military service, deployment or temporary assingnment, the court is required to reinstate the original time-sharing schedule between the military service member and the minor child.