Understanding Modifications in Legal Judgments
Dive into the complexities of modifying legal judgments post-Final Judgment, including insightful tips on maintaining accurate records, addressing parenting issues, equitable distribution, and alimony considerations. Explore the intricacies of modifiable aspects and learn about necessary findings for various modifications.
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Presentation Transcript
What Becomes of the Brokenhearted
OXYMORON: A figure of speech in which two contradictory ideas are joined to create an effect.
Biggest OXYMORON in our world? Final Judgment.
BIGGEST TIP: Make sure there is a full, accurate record in the court file at the time of Final Judgment (Financial affidavits, Marriage Settlement Agreements/Detailed Final Judgment, Child Support Guidelines Worksheet) Make detailed findings This reduces MODIFICATIONS Provides a clear basis to start MODIFICATIONS
We have to start with the Judgment/Order that is requested to be modified.
MODIFICATIONS Think: PEACE Parenting Issues Equitable Distribution Alimony Child Support Everything Else
PARENTING ISSUES Are PARENTING ISSUES modifiable? YES! Why?
PARENTING ISSUES Is there a substantial, material, and unanticipated change in circumstances since the most recent Judgment/Order? If no, stop here. If yes, continue: Is the modification in the best interests of the children? (Must consider F.S. 61.13(3) (a-t) factors); F.S. 61.13 (2) (a-c)
PARENTING ISSUES Required Findings Relocation of a Child/Parent Fla. Stat. 61.13001 Hostility/Conflict Between Parties Best Interests of Children v. Punishment Emergency/Safety of Children Temporary Modifications
EQUITABLE DISTRIBUTION: Is EQUITABLE DISTRIBUTION modifiable? NOT MODIFIABLE! Why?
ALIMONY Is ALIMONY modifiable? Yes! No! Sometimes! Some types! Why?
ALIMONY Requirements for modification: 1) A substantial change in circumstances since the date of the most recent Judgment or Order. 2) The change was not contemplated at the time the amount of alimony was set. 3) The change is sufficient, material, involuntary, and permanent in nature.
ALIMONY If ALL not proven deny modification. If proven modify based on current need and ability. F.S. 61.08; Alimony.
ALIMONY Consider: Type of Alimony Temporary Modification Modification of Temporary Alimony Nominal Alimony Supportive Relationship Fla. Stat. 61.14 Agreements Regarding Modifications
CHILD SUPPORT Is CHILD SUPPORT modifiable? Yes! Why?
CHILD SUPPORT F.S. 61.13 (1) (A) (2) Child support modifiable when: 1. In the best interest of the child, 2. A child reaches majority, 3. There is a substantial change in the circumstances of the parties, 4. F.S. 743.07(2) (disabled child) applies, or 5. A child is emancipated, marries, joins the armed services or dies
Substantial Change in Circumstances: Changed circumstances must be unanticipated, significant, material, involuntarily, and permanent in nature.
Modification Issues: Can NOT Waive Child Support Temporary Modification Timesharing as a Basis for Modification Insurance Child Care Multiple Children
EVERYTHING ELSE Is EVERYTHING ELSE modifiable? Yes! No! Some things! Why?
Everything Else Pleadings/Notice/Due Process Retroactivity Military Service Fla. Stat. 61.13002 Modification/Dismissal of Protective Injunction
Everything Else Emergencies Courts have inherent authority to enter orders necessary for the safety of children Relocation More than 50 miles: Fla. Stat. 61.13001 Parent Getting Better Drug, alcohol, mental health issues, can plan for changes going from supervised to unsupervised.
Everything Else Young Child Infant Toddler Pre School School Substantial Change in Circumstances Waiver only by stipulation Absentee Parent Gradual Reunification
Everything Else Alimony Modification Temporary change in circumstances Temporary reduction Voluntary Retirement Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992). Modification of Temporary Support Upon good cause shown Imputing Income Legal requirements
Everything Else Supportive Relationship Fla. Stat. 61.14(1)(b) Returning to School Incarceration of Parent Change in Timesharing
Temporary Modification Alimony Child Support Smith Family The Court issued a Temporary Alimony and Support order based on the Parties Temporary Modified Settlement Agreement. It did not provide for all of the Wife and children s financial needs, but was reasonable considering the Husband s ability to pay. The Wife files a Motion to Amend the Temporary Support alleging since the Temporary Modified Settlement Agreement the Husband has paid cash for a new Harley Davidson motorcycle, gone on a 10-day vacation to Jamaica with his new girlfriend, and there is an unexplained $40,000 deposit in his personal bank account.
Modification Safety of Children Smith Family After 18 months of contested litigation and two days before the Final Hearing, the parties and attorneys reached a comprehensive Marital Settlement Agreement and final Parenting Plan. The Court entered a Final Judgment of Dissolution of Marriage, incorporating the Marital Settlement Agreement, the Parenting Plan, and the CSGWS s; The Mother has the children 67% and the Father 33%. Four months later, the Mother files an Emergency Motion alleging the Father is only concerned about Justin s (16 YOA) athletic accomplishments. Jennifer (13 YOA) comes home with bruises she said she got from Father s new girlfriend after they fought and the Father screams at Jacob (5 YOA) calling him a bastard and stupid. The Mother asks the Court to suspend the Father s parenting time or require it to be supervised, and any other relief the Court deems in the children s safety and best interests.
Supplemental Modification Permanent Alimony Smith Family After 18 months of contested litigation and two days before the Final Hearing, the parties reached a Marital Settlement Agreement with the Husband paying $5,000 per month of Durational Alimony for 12 years. This did not meet the Wife s need, but that was a compromise agreement. It was based on the Husband making $250,000 a year plus bonuses averaging $50,000 per year for the last five years. Six months after the Final Judgment, the Former Husband files a Supplemental Petition asking his alimony obligation be terminated or modified alleging his salary (from family-owned businesses) has been reduced to $150,000 per year. He has not received any bonuses since the Final Judgment because business is down, and the Former Wife has a serious boyfriend (they spend most nights together that she does not have the children and he took her on a 10-day vacation to Paris).
Modification Parent Not Exercising Parenting Time Smith Family After 18 months of contested litigation and two days before the Final Hearing, the parties reached a Marital Settlement Agreement and Parenting Plan. The Father was ordered to pay $2,000 per month in child support based on a downward deviation because he was awarded 120 overnights (33%). Fifteen months later, the Former Wife files a Supplemental Petition asking that the child support be upwardly modified because he is no longer willing to see Jacob (now 7 YOA), Jennifer (now 15 YOA) is no longer spending nights because of conflict about restrictions and with the Former Husband s live-in girlfriend, and Justin (now 17 YOA) has a key to Dad s house and stays there whenever he won t come home to Mom s by his curfew time.
