A. Modification of Alimony in Palm Beach County, Florida

Under Florida law, when the parties enter into an agreement for the payment for alimony, or when a party is required by court order to make alimony payments, and the circumstances or the financial ability of either party changes, either party may apply to the circuit court for an order decreasing or increasing the amount of alimony.  The circuit court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of alimony provided for in the agreement or order.  The court may modify an order awarding alimony by increasing or decreasing the alimony retroactively to the date of the filing of the action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties.

The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides. On the issue of whether alimony should be reduced or terminated, the burden is on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.  In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question.  The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee to another person: (a) the extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship; (b) the period of time that the obligee has resided with the other person in a permanent place of abode; (c) the extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence; (d) the extent to which the obligee or the other person has supported the other, in whole or in part; (e) the extent to which the obligee or the other person has performed valuable services for the other; (f) the extent to which the obligee or the other person has performed valuable services for the other’s company or employer; (g) whether the obligee and the other person have worked together to create or enhance anything of value; (h) whether the obligee and the other person have jointly contributed to the purchase of any real or personal property; (i) evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support; (j) evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support; (k) whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

When an order or agreement is modified, the party having an obligation to pay shall pay only the amount of alimony directed in the new order, and the agreement or earlier order is modified accordingly.

If a party applies for a reduction of alimony and the circumstances justify the reduction, the court may make the reduction of alimony regardless of whether or not the party applying for it has fully paid the accrued obligations to the other party at the time of the application or at the time of the order of modification.

When a court of competent jurisdiction enters an order for the payment of alimony, the court shall make a finding of the obligor’s imputed or actual present ability to comply with the order.  If the obligor subsequently fails to pay alimony and a contempt hearing is held, the original order of the court creates a presumption that the obligor has the present ability to pay the alimony and to purge himself or herself from the contempt.  At the contempt hearing, the obligor shall have the burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt.  The court shall state in its order the reasons for granting or denying the contempt.

The judgment awarding modification is a final judgment as to any unpaid payment or installment of support which has accrued up to the time either party files a motion with the court to alter or modify the support order, and such judgment may not be modified by the court.  The court may modify such judgment as to any unpaid payment or installment of support which accrues after the date of the filing of the motion to alter or modify the support order.

When modification of an existing order is sought, the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall be the same.

B. Modification of Child Support in Palm Beach County, Florida

Under Florida law, when the parties enter into an agreement for payments of child support, or when a party is required by court order to make payments of child support, and the circumstances or the financial ability of either party changes, either party may apply to the circuit court for an order decreasing or increasing the amount of support.  The supplemental petition for modification of child support may be filed in the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was rendered.  The court has jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child, decreasing, increasing, or confirming the amount of child support provided for in the agreement or order.  The court may modify an order of child support by increasing or decreasing the support retroactively to the date of the filing of the action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child.

When an order or agreement is modified, the party having an obligation to pay child support shall pay only the amount of child support directed in the new order, and the agreement or earlier order is modified accordingly.

If a party applies for a reduction of child support and the circumstances justify the reduction, the court may make the reduction of child support regardless of whether or not the party applying for it has fully paid the accrued obligations to the other party at the time of the application or at the time of the order of modification.

When a court of competent jurisdiction enters an order for the payment of child support, the court shall make a finding of the obligor’s imputed or actual present ability to comply with the order.  If the obligor subsequently fails to pay child support and a contempt hearing is held, the original order of the court creates a presumption that the obligor has the present ability to pay the child support and to purge himself or herself from the contempt.  At the contempt hearing, the obligor shall have the burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt.  The court shall state in its order the reasons for granting or denying the contempt.

C. Modification of Child Custody & Visitation in Palm Beach County, Florida

Florida case law provides that a child custody award may be modified when a party proves that there has been a substantial change in circumstances, and that the best interests of the child justify changing custody.  The substantial change in circumstances must be one that was not reasonably contem­plated at the time of the original judgment.  Therefore, the facts constituting the change must have arisen subsequent to the judgment or must not have been brought before the court in the prior action.  A final judgment providing for the custody of a child can be materially modified if there are facts concerning the welfare of the child that the court did not know at the time the decree was entered, or there has been a substantial change in circumstances since the entry of the judgment.
Once a parent establishes that a substantial change in circumstances has occurred, the Court will hear evidence that the child’s best interests will be advanced by a change in custody.  In determining the child’s best interests, the trial court will consider the statutory factors that are applicable to initial custody proceedings.

The substantial change test applies equally to modification of a custody arrangement that was originally agreed to by the parties and incorporated into a final judgment, and a custody ar­rangement that was ordered by the court following an adver­sarial hearing.  It also applies to rotating custody arrange­ments.