Orlando Family Law Attorneys – Modification Of Final Judgement
After the conclusion of a divorce or paternity action, there may be a basis to modify the Final Judgment. A petition for modification can be used to address new issues involving the children, such as modifying timesharing or child support. Additionally, a Petition for Modification can be filed to modify alimony. Typically, issues involving equitable distribution are not modifiable, unless there are extenuating unique circumstances. In petitioning to modify a final judgment, the moving party must show three fundamental prerequisites. First, there must be a substantial change in circumstances; second, the change must not have been contemplated at the time of final judgment; and third, the change must be sufficient, material, involuntary, and permanent in nature. Failure to prove any of these prerequisites will result in the denial of your petition for modification.
Once these prerequisites have been met, the court will follow the same standard that was used in the original divorce or paternity action. The standard for modification proceedings does not change, except that you must establish the above-mentioned prerequisites. For example, if you are modifying a timesharing schedule the standard is still the best interest of the child or children. However, in some cases there are some additional complexities when dealing with modification issues.
Further Reading: When can a court set aside final judgment?