Grounds for a Modification of a Divorce Decree are:
- Change in the needs of the children
- Relocation of a parent
- A significant increase or decrease in either party’s salary
- Remarriage or cohabitation with a significant other
- Significant illness or injury of either party or the child
- Allegations of abuse or neglect
- Incarceration
- Change in the number of overnight visits with a parent
The Burden of Proof
It is not recommended to make a verbal agreement with an ex-spouse, as these agreements are not enforceable under Florida law. When both parties agree that a modification is in order, a document can be completed and filed with the court for review. If the parties are not in agreement, a legal proceeding can be initiated by either party. That party has the burden of proving the need for the revisions.
Judges are likely to grant modifications if there is detailed documentation to support a material change or in the best interests of a child. However, it is not reasonable to request a modification in some circumstances. For example, a decrease in income is not acceptable if the party chooses to voluntarily leave their job.
We stand with you every step of the way
An ex-spouse that violates the terms of their divorce decree is at risk for contempt of court charges. It is a serious matter with legal consequences. At Downer Law, we strongly encourage our clients to call us for assistance with a modification if they cannot meet their obligations. Even if both parties verbally agree with a change, it must be documented, reviewed, and granted by the court to prevent future issues.
Our legal team can help expedite proceedings and get the outcome you deserve.
