After an initial timesharing determination is made, the Court can consider modifying the same based upon a showing of a substantial, material change of circumstances. The Court can also modify child support based upon a change in circumstances including changes in income and/or changes in the timesharing schedule. There are even circumstances where child support modifications can be backdated if a parent fails to honor the timesharing schedule leaving the majority of financial responsibility on the other parent.

 

Rather, you must first show a substantial change of circumstances. Section 61.13, Florida Statutes, specifically states: “A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.”

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There are three critical words:

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• Substantial

• Material

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As to “substantial” and “material,” your judge’s definition of these terms are very important. As the Florida Supreme Court stated, the trial court’s determination on what changes are substantial and material carry a lot of weight in the final determination on whether the court can then consider the best interest of your child.

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However, what we do know is that before you decide you want to change time-sharing, you need to have a lot more evidence than simply believing that your child will be better off. Some instances where I can envision a substantial change in circumstances would include a parent that develops an addiction problem, enters into an abusive relationship where the child is exposed to the abuse, or where the parent continuously interferes with the other parent’s time-sharing. These are substantial, material to the child, and were unanticipated.

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If you believe things have changed in your situation warranting a modification, feel free to contact the office to schedule a free consultation.