Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now.
Last week, we discussed the fact that equitable distribution judgments are generally non-modifiable. This week we will examine modification of custody orders.
Fla. Stat. 61.13(3) states, “…A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child.” §61.13(3), Fla. Stat. (2016). Furthermore, to warrant a modification of alimony, the party seeking the change must prove “(1) a substantial change in circumstances; (2) that the change was not contemplated at the final judgment of dissolution; and (3) that the change is sufficient, material, permanent, and involuntary.” Rahn v. Rahn, 768 So.2d 1102, 1105 (Fla. 2d DCA 2000). Kamenski v. Kamenski, 15 So. 3d 842, 843 (Fla. 2d DCA 2009).
Pursuant to the above requirements, within a petition for modification you must state, and be able to prove, among other things, allegations that there has been a Substantial, Material, and Unanticipated change in circumstances since the entry of the Final Judgment in your case. You can’t just decide later that you don’t like what you’ve previously agreed to; there must be substantial changes that warrant such a modification. Take all of this into consideration before entering into an agreement in your initial case, because what most individuals forget is that the marital/mediated settlement agreement that you and the other party sign in, or outside of, mediation is a valid, executed contract. One in which the court will not interpret to determine what is, or is not, fair; that is not the court’s job. Instead, the court will continue to enforce the settlement agreement, so long as it was adopted by the court’s final judgment, and will not consider modification of said agreement unless the parties agree in writing. Every factual situation is different, and every judge interpreting said facts is different as well. There is no guarantee that that the allegations you believe to be substantial changes will be sufficient to require modification. This is why it is very important to try to have foresight and get the agreement that you want right now. There’s no doubt that life changes and certain things may arise that were simply unforeseeable. But where possible, it is important to fight now, so you don’t have to modify later. If you or someone you know is going through a new case, or is dealing with issues from an old one, don’t hesitate, contact Men’s Rights Law Firm today.