The State of Florida requires that, when a modification action is commenced in a family law action, especially one that deals with modification of support awards and obligations, it triggers mandatory statutory financial disclosure by both parties. Florida Statute 61.08 covers alimony. In addition to following statutory requirements, you must follow the Florida Family Law Rules of Procedure, specifically Rule 12.285 which requires the filing of a Certificate of Compliance with Mandatory Disclosure and one of the items on the list is the filing of an updated Family Law Financial Affidavit. There is a long form (annual income over $50,000) and a short form (annual income less than $50,000).
If your case is truly uncontested (meaning you are both in agreement to the changes) then you may be able to waive the financial disclosure (such as exchanging bank statements, tax returns, etc.), but many judges would not allow the waiver of exchanging financial statements. The financial affidavits would be the best way for the judge to be able to confirm calculations of current incomes.
Having said all of that, again, if your former wife is truly in agreement to the changes, you may not have to file a supplemental petition to modify the alimony, which would generate a filing fee in the neighborhood of $300. You could enter into a written, joint stipulation for modification of that portion of your Final Judgment of Dissolution of Marriage. You would still have to file it and then submit it to the judge with a corresponding proposed Amendment to Final Judgment. Your particular judge may review it and sign it or review it and instruct you to do more, such as file a supplemental petition and go through the mandatory financial disclosure. If you file a supplemental petition, the clerk will require several more initial filing documents. I can help you with any and all of this document preparation. Please visit my website, or call me at (727) 776-0283.
