Most Floridians assume that the judge’s signature on the final order for divorce ends all legal proceedings. This assumption is often incorrect. In many cases, one or both of the ex-spouses must request a modification.
The Florida legislature and the state’s judges have developed proceedings for amending such orders if certain facts can be proved by the party who is seeking the change.
Basics of changing an order for child support
An order for child support can be altered or modified by the court or agency that issued the original order if certain facts are proved by the party seeking the change. Either parent can request the Florida Child Support Program to review the existing order and determine whether the order should be changed.
The request for modification of an existing order begins when the parent who wants the change files a motion with the court that had original jurisdiction over the case seeking a modification of the original order and providing evidence justifying the change.
The basic evidentiary facts of a motion to modify an order for child support
An order for a modification of child support must first demonstrate that the moving party must show the court that the moving party has experienced an unexpected and substantial change in the family’s financial situation.
When the court has in hand all evidence bearing upon the motion to amend, the Court will examine the parties’ respective financial situations to determine if the moving party’s situation has undergone a substantial change since the original order was signed.
If this question is answered in the affirmative, the motion will most likely be granted. If the court does not have the requisite amount of evidence, the motion will be denied.
Orders for child support can be amended if the moving party can provide sufficient to convince the court to find that the financial condition of the parties has undergone significant change that justifies a modification of the original order. The final point of this decision depends upon the evidence presented to the court.
