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Modification (part 3) Steps in modification-Forms

© Annelies Mouring

This will be a discussion of the procedural steps to modification and will be divided into two parts since the process can be very lengthy. Although my intention is to make it general, it will be focused on FL law, since that is where my expertise lies. It will go into several steps and the standards required by the FL court and generally for other states. 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.

This will discuss the steps briefly in a modification and discuss the forms required in a modification by the court.

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. The following is a brief description of the requirements of what is needed to modify a decree, in order. This is assuming that you are filing in the court in which the original petition was filed:

1. Completion of the forms.*
+ Forms can include a Petition to Modify, Financial Affidavit, Specific Court notices and Affidavits ie. Notice of Social Security Number, a summons, A child support Guidelines Worksheet, UCCJA Affidavit, Motion for Modification.
A Petition to Modify form gives the court the history and background of your original decree and states the reasons for the modification.
A Financial Affidavit provided the Court with the specific breakdown of expenses of the petitioner (the person filing the petition) and of the minor child(ren). Later during the modification, when the respondent (the person whom the lawsuit is being filed against) answers, they will be required to file a financial affidavit also. This forms ensures that the parties disclose their full net worth to each other so the child(ren) will get and share honestly in the wealth of their parents. Specific Court notices and Affidavits ie. Notice of Social Security Number, Many Courts require court specific documents that are either statutory for informational purposes to the court or the other party, make court documentation easier or provide useful information required by the lawsuit. This in Florida can include a sworn (notarized) statement disclosing the social security number of the petitioner. Some jurisdictions require filling out child support information sheet that gives the addresses of the parties, children's names, birth dates and other useful information.

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