Legal Question in Family Law in Florida

Modification proceedings

A modification seeks to change the status quo and seeks a new

benefit for one party. Dickinson v. Dickinson, 746 So. 2d 1253, 1254 (Fla.

5th DCA 1999). On the other hand, a clarification does not seek to

change rights and obligations, but to make a judgment more clear and

precise. Fussell v. Fussell, 778 So. 2d 517, 518 (Fla. 1st DCA 2001). In

order for the trial court to modify a final judgment, the moving party

must present the issue by appropriate pleadings. McDonald v. McDonald,

732 So. 2d 505, 506 (Fla. 4th DCA 1999). To obtain modification, a party

must also demonstrate a substantial change in circumstances

necessitating the modification together with a determination that the

best interests of the child will be promoted by the change. Sullivan v.

Sullivan, 736 So. 2d 103, 105 (Fla. 4th DCA 1999).