A settlement agreement delegates
all the final details for the children such as custody arrangements (what days
they are with mom/dad), financial responsibilities (who pays medical bills,
health insurance, schools lunches/supplies, etc.), sets limitations for
locations (child can’t be taken overseas, out of state, or to live outside of
county, etc.), and a whole lot of other parenting details. In a Paternity
action or Dissolution of Marriage with minor children, the parties frequently view
their settlement agreement as the END of disputes and believe they are now finished
dealing with their ex forever. Disappointment rushes in when parents later discover
it’s not uncommon for problems to come up years later that require going back
to court to seek a modification for the original parenting agreement.
The Florida Statutes and case law
have established a set of criteria including a two factor test to help
determine if it’s necessary to go back to court and/or retain an attorney for a
modification: (1) a substantial, material, and unanticipated change of
circumstances, and (2) that the modification is in the best interests of the
minor children involved. Previously, strong evidence had to be shown to justify
a modification, but it’s going to get even harder to obtain a modification. The
Florida Bar Family Law Section held its annual conference in January of this
year, and one of the topics discussed was the increasing congestion of the
Judge’s dockets (schedule) partly due to an overwhelming number of pending modification
actions. In an attempt to fix this docket congestion, I have seen a general
policy shift where modifications granted upon the most extraordinary showings
of a substantial, material, and unanticipated change of circumstances affecting
the best interests of the minor children involved. In short, it is becoming
more difficult to modify a settlement agreement.
What does this mean for you? If
you separate from someone that you share a child or children with, it is now more
important than ever to fight for an agreement that is as favorable and as
forward-thinking as possible. In the past, it was often suggested to compromise
on certain things that you could live with for now understanding that if it
caused problems in the future, you could go back and make changes at a later
time. A practical example would be: Katie and Bill (my fake couple for the
purpose of this article) have a nine month old and they decide that it’s in the
best interest of the child for both mom and dad to remain close by (live in the
same county), so that baby learns and bonds equally with both parents at an
early age. That means neither mom nor dad can relocate the child out of the
area and they make it a part of the agreement. Ten years pass, baby is now
older and Katie gets a dream job offer in Georgia. Since it was a part of the
original agreement, Katie would have to choose between child and job, but
making changes to agreement is no longer an option. From now on, it is absolutely
essential that a settlement agreement to a Paternity action or Dissolution of
Marriage with minor children, only agrees to terms that they can permanently
live with. Think it through and seek the advice of an attorney before you sign
a settlement agreement. For more information, call (352) 243-9991 and schedule
a consultation today!
Written by: Attorney Dylan Hall
