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Modification (part 2) What is modification ?

© Annelies Mouring

Since I have most of my experience in the Florida court, if references are made to a specific procedure it will be to Florida jurisdictional process. Remember that this is not to substitute as legal advice but should only be a guide to the legal process. Should you have specific questions or want to know what applies to you, contact a legal professional in your area that is familiar with your jurisdiction.

Modification is a court action where you want to change an existing family court order due to some change since the court originally entered the custody order, divorce decree or final judgment in your divorce or custody. Most states require that in order to modify the original final judgment that there be a "significant" change since the entry of the final judgment.

In order to modify, you must have the following: 1. A case number in the county you wish to modify in 2. An existing final judgment 3. There has been significant changes since the entry of the final judgment. For example, Sue and Bob got a divorce in 1989. At the time of their divorce their children, Jan and Joe, were 2 and 4. The children were in day care full-time while Sue was in school earning her nursing degree. Bob was a salesman earning approximately $25, 000 a year. Sue and Bob lived in the same city. The court, in 1989, ordered that Sue would be the primary custodian and that Bob would be given liberal visitation two weekends a month, every other weekend. Bob was to pay child support in the amount of $300.00 a month to Sue and pay for the children's health care. Today, ten years later, Jan is charge nurse for a local hospital where she works the day shift. Jan is making $45,000.00 per year. Bob is a high level executive with the company but lives 3 hours away from where the kids live. Bob is making $150,000.00 per year. He visits with the kids once a month. Sue has been paying for the health insurance because it is cheaper than what Bob was paying. She was also tired of chasing down Bob to get insurance cards. Sue receives no reimbursement for the cost of the insurance. Bob is still paying the same amount of child support. He pays on a regular basis but is sometimes one or two weeks late because he is out of town and his new wife will never send the money. Jan and Joe are now in private school, grades 5 and 7, that costs $4,000.00 each per year.

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