Family Law · Modifications
Making Changes After a Settlement Has Been Reached
Divorce decrees and parenting plans are meant to be final, but life changes. The right modification gets your court order back in sync with your reality.
Divorce decrees, parenting plans, and other family-law arrangements are meant to be final. But a drastic change in circumstances, such as a job loss, a relocation, a change in income, or new family circumstances, may require a legal modification. Our attorneys work proactively to resolve modification matters and make the legal process as seamless as possible.
How Courts Evaluate Modification Requests
Florida courts use specific criteria to decide whether a modification is warranted. When you work with our lawyers, we explain what the judge will look at, what evidence you'll need, and what the likely outcome will be. We take the initiative in gathering information so we can resolve your matter efficiently, and we will tell you candidly if we do not believe a request is likely to succeed.
What You Need to Show for Each Type of Modification
A modification starts with a supplemental petition filed in your existing family case. What you must prove depends on what you want to change:
- Alimony. Generally, a substantial change in circumstances since the final judgment, such as a significant involuntary change in income or health. The court can also reduce or end alimony if the receiving spouse is in a supportive relationship, and the 2023 alimony law added rules for modification when the paying spouse retires. Bridge-the-gap alimony cannot be modified. See how Florida alimony works after the 2023 reform.
- Child support. A substantial change in circumstances, such as a change in either parent's income, the child's needs, health insurance, or child care costs. Florida's guideline statute allows a modification when the newly calculated guideline amount differs from the current amount by at least the minimum threshold the law sets. Learn more about child support in Florida.
- Parenting plan and time-sharing. A substantial and material change in circumstances, plus proof that the change you are asking for is in the child's best interests. Moving a child's principal residence at least 50 miles away for at least 60 consecutive days generally requires the other parent's written agreement or court approval under Florida's parental relocation statute.
What to Expect While You Seek a Modification
- Keep following the current order. Until the court enters a new order, the existing judgment remains in effect. Stopping or reducing payments, or changing the time-sharing schedule on your own, can lead to enforcement and contempt proceedings.
- File promptly. A support modification generally can reach back only to the date the supplemental petition was filed, so waiting can cost you.
- Put agreements in writing and get court approval. If you and your former spouse agree on a change, the court still needs to approve it. Informal side agreements are not enforceable, and the old order still controls until a judge signs a new one.
- Financial disclosure. In support cases, both parties exchange updated financial affidavits and documents such as pay stubs and tax returns.
- Mediation and hearing. Contested modifications are often sent to mediation first. If the issues are not resolved, a judge decides them at a hearing or trial.
Types of Modifications We Handle
We handle every type of divorce-related modification:
- Custody changes, including parental relocation
- Support changes for both alimony and child support
- Changes to prenuptial and postnuptial agreements, which after the wedding require a written agreement signed by both spouses
- Time-sharing schedule adjustments
- Enforcement of existing orders when one party stops complying
Common Questions
Florida Divorce Modification Questions, Answered
What counts as a substantial change in circumstances in Florida?
It is a significant change that has happened since the final judgment, such as a major involuntary drop in income, a serious illness or disability, a change in a child's needs, or the alimony recipient entering a supportive relationship. The change generally needs to be lasting, not a short-term setback. A judge looks at the specific facts of your case.
Can my ex and I agree to change child support or the time-sharing schedule ourselves?
You can agree, but the agreement must be approved by the court to be enforceable. Informal side agreements between former spouses do not change the existing order, and either parent could later enforce the original terms. We can put your agreement in writing and submit it to the court for approval.
Can I stop paying support if I lose my job?
No. The existing order stays in effect until the court changes it, and unpaid support can build up as arrears that can be enforced against you. If your income drops, file a supplemental petition promptly, because a modification generally cannot reach back before the date you file.
How is child support modified in Florida?
Either parent can file a supplemental petition asking the court to recalculate support under Florida's child support guidelines. Under the guideline statute, a difference of at least the minimum threshold set in the law between the new guideline amount and the current amount can support a modification. Changes in income, health insurance, child care costs, or the time-sharing schedule can all affect the calculation.
Can alimony be modified under Florida's 2023 alimony law?
Yes, in most cases. Alimony can be modified or terminated for a substantial change in circumstances or a supportive relationship, and the 2023 law added rules for paying spouses who plan to retire. Bridge-the-gap alimony is the exception and cannot be modified in amount or length.
How do I change a parenting plan or time-sharing schedule?
You must show a substantial and material change in circumstances since the last order and that the proposed change is in your child's best interests. If you want to move the child's residence at least 50 miles away for at least 60 consecutive days, Florida's relocation statute applies, and you need the other parent's written agreement or court approval.
Can I lower my support payments if I take a lower-paying job by choice?
Usually not. Courts look closely at voluntary drops in income, and a judge can impute income to a parent or spouse who is voluntarily unemployed or underemployed, meaning support is calculated based on what they could reasonably earn. An involuntary change, such as a layoff, is treated very differently.
Contact the Lawyers at Our Firm
Please contact our lawyers to schedule your first meeting. We do not charge for initial consultations. Located in Miami, we accept cases throughout South Florida.
Related Practice Areas
Child Custody
Custody, time-sharing, and parenting plans, including modifications and relocation.
Child Support
Florida guidelines, deviations, and enforcement.
Alimony / Spousal Support
How Florida courts determine, modify, and enforce spousal support.
Prenuptial Agreement
Pre- and postnuptial agreements drafted, reviewed, and modified.