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Modifying Parenting Plans in Florida

Modification of a Florida parenting plan requires a finding by a court of a substantial, material, and unanticipated change in circumstances.  The court is required to make written findings to support that there had been a ‘substantial, material, and unanticipated change in circumstances that warrant a modification to the parenting plan.

What is a Change in Circumstances?

The parent seeking to modify a support order has the burden to prove a change in circumstances.

If it has been less than three years since the support order was issued, reviewed or changed, a substantial change means that the change in circumstances would cause a change in the order amount that is at least 15 percent but not less than $50. If it has been more than three years since the support order was issued, reviewed, or changed, a change in circumstances means the change would cause a change in the order amount of at least 10 percent but not less than $25.

A permanent change in circumstances is dependent upon the facts. In most cases, to prove a permanent change, a party must show the change has lasted for six months or more. Temporary or short-term changes are not sufficient evidence to prove a permanent change.

Losing a job is not considered a permanent change if there is an expectation of another job. However, there are situations where a parent may be able to demonstrate permanent change immediately where there has been a life-altering injury, illness or retirement.

The change must be involuntary to show a change in circumstances. A voluntary change is a result of the parent’s own choices. A voluntary change does not meet the standard for a support order to be changed. If you quit your job or are terminated for reasons within your control it will be considered voluntary. Conviction of a crime resulting in incarceration will be considered voluntary. These are just some examples.

The same standards apply in determining the change in support as is used in establishing the original order under Section 61.13(3) Fla Stat.

If you are considering a modification of a support order, you will need an experienced legal team. Brodie Friedman is the top-rated family law firm in Florida. Any family and any situation, our experience and expertise will get you through these trying times. We’re here for you.

With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. 

To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100.

reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100.

With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support. 

To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100