Regarding Modifications of Final Judgments FAQs

The Florida courts are often tasked with making important determinations in family law cases, such as how to distribute marital assets, what division of custody and visitation rights best serves a child’s interests, and whether spousal or child support should be granted. Once a court comes to a decision on such matters, they will typically issue a final judgment. Circumstances can change after the issuance of a final judgment, though, prompting parties to seek modifications of final judgments. If you are subject to a final judgment in a family law matter and have questions about the grounds and process for seeking modifications, it is advisable to talk to an attorney. Sandy T. Fox is a seasoned Miami family law lawyer who can evaluate the facts of your case and help you to seek a just outcome. Mr. Fox is a Florida Bar Board Certified specialist in Marital & Family Law, and he routinely represents parties in family law cases.

A final judgment is a legal document that outlines the rights and obligations of the parties involved and resolves all issues in the case. In Florida family law cases, a final judgment typically refers to the court's official decision or ruling on a family law matter, such as divorce, child custody, visitation, child support, or alimony. The Florida Statutes govern the modification of such judgments.

A party seeking a modification of a final judgment typically must demonstrate that there has been a significant change in circumstances. What constitutes a substantial change in circumstances will vary depending on the nature of the underlying judgment. For example, in cases involving spousal or child support, changes in the financial status of a party may constitute a substantial change. In Child custody cases, changes in the needs of the child, the parent’s ability to care for the child, or of the residence of either parent, may be deemed substantial.

A party seeking a modification request should provide the court with evidence demonstrating a change in circumstances. This may include financial documents, such as income statements and tax returns, as well as documentation of changes in the child’s needs or either party’s mental or physical health, such as medical records or expert reports. In any case in which a party seeks to modify a final judgment pertaining to a child, they must also demonstrate that the change sought is in the child’s best interest.

The modification process typically begins by the moving party filing a petition for modification with the court that issued the original judgment. The opposing party then must file a response within twenty days. If the opposing party fails to file an answer within that timeframe, the moving party can file a motion for default. If the opposing party agrees with the moving party’s petition or waives the right to respond, and the moving party complies with the procedural requirements, they can ask the court to schedule a final hearing. In cases in which the opposing party contests the petition, the case will likely proceed to trial.

Modifications changing child support or alimony obligations may be made retroactive to the date of filing the petition for modification but generally not before. Modifications terminating alimony, however, should take effect from the date of filing, if the grounds for termination were present at that time.

Although final judgments set forth the courts’ ultimate decisions in family law cases, they can be modified under certain circumstances. If you have questions about modifications of final judgments in Florida family law cases, you should confer with an attorney as soon as possible. The experienced Miami family law attorneys of the Law Offices of Sandy T. Fox, P.A., can inform you of your rights and help you take the steps necessary to protect your interests. We have an office in Aventura, and we frequently represent parties in family law cases in Miami. You can reach us to arrange a meeting by calling 800-596-0579 or using our online form.