What Does a Substantial Change in Circumstances Mean?<\/strong><\/p>\nUnder Florida law, parties are required to prove by a preponderance of the evidence that there has been a substantial and material change in circumstances to request a modification of their court order stemming from a divorce.<\/p>\n
A substantial change in circumstances means exactly what it sounds like. Florida courts have explained that former spouses seeking a modification may prove that there has been a material, significant, and involuntary change that could not have been anticipated at the time the court order was made.<\/p>\n
After filing a request for modification, the judge assigned to your case will have to determine whether or not your circumstances constitute a substantial change. Florida law allows former spouses to modify many parts of the divorce decree, including child support, alimony, and child custody. However, the division of marital assets is not modifiable after a divorce is final.<\/p>\n
What is a Substantial Change in Circumstances in Alimony Cases?<\/strong><\/p>\nWhat counts as a substantial change in circumstances when modifying a spousal support order depends on whether the requesting party is the payor or receiving spouse. If you were ordered to pay alimony, you might be able to modify the spousal support order if you can prove that you suffered:<\/p>\n
\n- The loss of a job<\/li>\n
- Substantial reduction in income<\/li>\n
- Disability or serious illness<\/li>\n<\/ul>\n
The receiving spouse\u2019s cohabitation or job promotion may also count as a substantial change in circumstances in your alimony case.<\/p>\n
What is a Substantial Change in Circumstances in Child Custody Cases?<\/strong><\/p>\nChild custody cases are more difficult to modify in Florida. Court orders related to timesharing and parental responsibilities can be modified if:<\/p>\n