Modifications of Child Support, Alimony, Custody and Time Sharing
To many people’s surprise, a Final Judgment is not always final. Provisions of a settlement or Final Judgment related to parenting, child support, relocation and alimony can often be modified if a substantial, unanticipated change in circumstances has occurred since the prior order. These types of actions are often referred to as a “post judgment modification” and are very common.
There are very specific standards and burdens of proof required in post judgment modification actions. It is a very difficult area of the law to navigate without the aid of an attorney, especially when the other person is represented. Several of the standards are codified by case law. The single most common mistake a person who proceeds without the counsel of an attorney makes is that they file a Motion to modify their Final Judgment. Florida Family Law Rule of Procedure 12.110 states that a Final Judgment may only be modified via a petition, more commonly referred to as a Supplemental Petition. Filing the incorrect paperwork can be both financially and emotionally costly. Let Andrew Bokan help you.
If you are considering attempting to modify your previous settlement or Final Judgment, a consult with Andrew Bokan will let you know what to expect and what applicable burdens of proof you will face. Contact Andrew today to schedule your consultation.