Modification or Supplemental Proceedings in Family Law Cases

Modification or supplemental proceedings in divorce refer to legal processes that allow either party in a divorce case to request changes or additions to the original divorce decree. These proceedings typically occur when circumstances have significantly changed since the divorce was finalized, and the parties seek to modify or supplement the terms of the original agreement or court order.

Here are two common types of proceedings in divorce cases:

1. Modification Proceedings: These proceedings are initiated when one party wants to modify certain aspects of the divorce decree, such as child custody, child support, spousal support (alimony), or visitation arrangements. The party requesting the modification must demonstrate a substantial change in circumstances that justifies altering the original court order. Examples of such changes could include a significant change in income, relocation, a child’s needs changing, or a change in the availability of one parent to care for the child.
2. Supplemental Proceedings: These proceedings are initiated when one party seeks to supplement the existing divorce decree with additional provisions that were not addressed or included in the original agreement. For example, one party may seek to add provisions regarding the division of new assets acquired after the divorce, changes in medical or insurance coverage, or modifications to the parenting plan.

Let’s take a closer look at a few examples of modification/ supplemental proceedings in divorce that may occur in Florida:

Child Custody/Visitation Modification: If there has been a substantial change in circumstances that affects the well-being of the child, such as a parent relocating or a change in work schedule, a modification to the child custody or visitation arrangements may be requested.

Child Support Modification: If there has been a significant change in either parent’s income, medical expenses, or other factors that affect child support calculations, a modification to the child support order can be sought.

Alimony/Spousal Support Modification: If there has been a substantial change in circumstances, such as a change in income, job loss, or remarriage, that affects the need for alimony or spousal support, a modification can be requested.

Relocation Modification: If a parent with majority custody wants to relocate with the child, they must obtain permission from the other parent or seek a modification of the custody arrangement from the court.

Enforcement of Court Orders: If one party fails to comply with the terms of the divorce decree or court orders, the other party can initiate supplemental proceedings to enforce the orders. This may involve seeking enforcement of child support, alimony, property division, or other obligations outlined in the divorce decree.

Contempt of Court: If a party willfully disobeys a court order, the other party can file a motion for contempt. This is a supplemental proceeding that seeks to hold the non-compliant party accountable for their actions and may result in penalties, fines, or other remedies.

To initiate modification or supplemental proceedings, the party seeking the change must file a motion or petition with the court that originally issued the divorce decree. The court will then evaluate the circumstances and determine whether the modification is warranted. The court will make a decision based on what it deems to be in the best interests of any children involved and the fairness of the proposed modifications.

It’s important to note that the specific procedures and requirements for modification or supplemental proceedings in divorce can vary depending on the jurisdiction. Therefore, it is advisable to consult with an experienced family law attorney who can provide guidance based on the laws and procedures applicable in your jurisdiction.

Consult With a Family Lawyer Who Specializes in Divorce and Family Matters in Orlando

At FCLC Group, we specialize in divorce and family matters in Orlando, Florida. We will help guide you through the process of seeking modifications in your divorce and provide you with specific advice based on your situation to help you navigate the legal requirements and procedures involved. Contact us today to schedule a consultation to discuss your case.