561-221-0577 tammy@tbslawpa.com

MODIFICATION

Orders of time sharing, child support and sometimes alimony are modifiable, unless otherwise agreed in writing to be non-modifiable, by filing a Petition for Modification with the Court.  The party requesting the Modification must be able to prove a substantial change in circumstance that was not anticipated at the time of the last Order and in permanent in nature.  If the receiving party is cohabitating and in a supportive relationship the burden of proof is on the person seeking the modification and is not always easy to prove.  Health setbacks, job relocation and an economic downturn could be reasons for modification, but must be unanticipated and permanent in nature. The rules provide that the Petition must be accompanied by a Financial Affidavit.  Florida Statute 61,14