Family law orders are not always permanent. Life can change after a court enters an order for child custody or child support. A parent may lose a job. A child may develop new needs as they grow up. A parent may move to another city. The current parenting schedule may also stop working for the child.
In these situations, a parent may want the court to change an existing order. But a change in circumstances does not always qualify for a modification.
A parent requesting any modification to a parenting plan or the time-sharing schedule under Florida law must prove a substantial change in circumstances. This change should also be material. Then it should be established that the modification is in the best interests of the child.
Knowing the requirements would aid the decision about whether to apply for a modification.
What is Substantial Change in Circumstances?
Substantial change in circumstances is the occurrence of something significant that changes the circumstances under which the court initially made the order.
The change usually needs to be more than a small inconvenience. It should have a meaningful effect on the child or the parents’ ability to follow the existing order.
For example:
- A parent loses a job and experiences a major change in income.
- A parent moves a significant distance away.
- A child’s medical or educational needs change.
- The current parenting schedule is no longer practical.
- A parent experiences a major change in work hours.
- A parent repeatedly fails to follow the existing parenting plan.
The court will consider all the facts of each case. A parent cannot simply ask for a different arrangement because they no longer like the original order.
The court will also take into account the best interests of the child. The best interests of the child are a foremost consideration in the modification of parental responsibility and visitation.
What is a Substantial Change in the Circumstances of Child Custody?
Substantial changes in the circumstances of child custody are frequently sought by parents who find the present arrangement impractical.
Child custody matters in Florida involve parental responsibility and time-sharing. A court may modify these arrangements when there has been a substantial and material change in circumstances, and the requested modification is in the child’s best interests.
Several situations may support a request for modification.
- A parenting schedule that worked for a young child may not work as well once the child starts school. A child may also develop medical or educational needs that require a different schedule. These changes may support a modification when they have a meaningful effect on the child’s welfare.
- A parent who once worked during the day may begin working nights. A second parent may be available to assist with additional caregiving duties. The court will consider whether this affects the existing parenting arrangement and whether a different arrangement may benefit the child.
- The parent may frequently interrupt the other parent’s visitation time with the child. This does not mean that a modification of the order is necessary. The court will consider this when deciding whether the existing arrangement remains suitable.
What Can Be Considered as a Substantial Change in Circumstances in Child Support?
A substantial change in circumstances in child support would pertain to the financial changes and requirements of the child.
The Florida Statute permits a modification of the child support order in case there is a substantial change in the circumstances of either party. Other events can also support modification. These include a child reaching majority age or certain changes in the child’s status.
Sometimes a parent may lose a job or experience a major reduction in income. A significant increase in income may support a request to increase child support.
Other changes may include:
- A major change in health insurance costs.
- A significant change in the child’s needs.
- A major change in parenting time.
- A parent begins exercising substantially different time-sharing.
- A child becomes emancipated.
- A child reaches an age where support ends under Florida law.
Florida law also recognizes certain circumstances in which a parent does not regularly agree upon time-sharing. In some situations, that failure can be treated as a substantial change for purposes of modifying child support.
It is important to understand that child support is calculated under Florida’s guidelines. A parent should not assume that every change in income will automatically result in a new support amount.
What Does Not Usually Qualify?
Not every change is enough to modify a court order.
A parent may be unhappy with the existing arrangement. That alone is usually not enough.
For example, a parent may want a different schedule because:
- The current schedule is inconvenient.
- The parents have changed their personal preferences.
- The parent believes another schedule would be easier.
- The parents have a minor disagreement.
- The parent wants to change the order without a meaningful change in circumstances.
The court carefully reviews the facts rather than simply accepting one parent’s preference.
How Does a Modification of a Court Order Work in Florida?
A modification of a court order in a Florida case generally begins with a request filed with the appropriate court.
The parent seeking the change should explain what has changed and why the existing order no longer works.
Evidence can be important. Depending on the case, this may include:
- Employment records.
- Pay stubs.
- Tax records.
- Medical records.
- School records.
- Communication between the parents.
- Parenting time records.
- Evidence of relocation.
- Other documents that show the change.
A parent should provide facts that support the request. Simply saying that circumstances have changed may not be enough.
The court will review the evidence and hear from both sides. For child custody matters, the court must consider the best interests of the child. In child support matters, the court will also consider the applicable support guidelines and the parties’ financial circumstances.
Parents should also understand that filing for a modification does not automatically change the existing order.
Until a court enters a new order, parents generally need to continue following the current order.
Why Legal Guidance Can Help
A substantial change in circumstances can provide a basis for modifying an existing family law order in Florida. However, the change must be significant. The court will review the facts and determine what is in the best interests of the child.
It would be a good idea to consult a Florida family lawyer if anything in your family situation has changed since your last order. A legal professional can review your situation and explain whether seeking a modification of the court order in Florida may be appropriate.
Coleman Law Group can help you understand your legal options and take the next step based on your family’s circumstances. Contact Coleman Law Group today at 727-214-0400 or aheartforpeople@clgfl.com to schedule a consultation.
