Modifications
Florida modification attorneys for changed child support, alimony, and timesharing orders
A Florida modification is a request to change an existing child support, alimony, or timesharing order after life circumstances have shifted enough that the original terms no longer make sense.
At the Law Offices of E.F. Robinson, P.A., we help parents and former spouses throughout Broward, Miami-Dade, and Palm Beach counties modify existing orders, and we help clients respond when the other party requests a change.
The Standard for Changing an Order
Florida does not allow an order to be modified simply because one party would prefer different terms. The party requesting a change generally needs to show that circumstances have changed in a way that is substantial, ongoing, and was not anticipated when the original order was entered. A short-term dip in income or a temporary inconvenience usually will not meet this standard on its own.
Common Reasons for a Modification
- A significant, lasting change in either party’s income, including job loss or a new job
- Relocation by either the paying or receiving party
- Remarriage or a supportive relationship affecting an alimony recipient’s need for support
- A significant change in a child’s needs, schedule, or living situation
- A serious change in either party’s health
Voluntarily reducing your own income, such as leaving a job without a good reason, is generally not treated as a qualifying change. A court can still calculate support based on what you are capable of earning rather than what you are currently earning.
What Can Be Modified
Child support, alimony, and timesharing schedules can each be modified, though the standard applied and the details involved differ somewhat for each. Our Child Support, Alimony, and Timesharing pages cover how each of these works in more depth.
The Modification Process
A modification is requested through a formal court filing, called a supplemental petition, rather than simply an informal agreement between the parties, even when both sides agree on the change. We help clients document the change in circumstances, prepare the necessary filings, and, where the other party disagrees, present the case in court.
Frequently Asked Questions
How much does my income need to change to qualify for a modification?
There is no fixed percentage that automatically qualifies. Courts look at whether the change is significant and lasting in the context of your specific case, which is why it helps to have your situation reviewed directly.
Can we agree to a modification without going to court?
Both parties can agree informally, but to be enforceable, the change generally still needs to be documented and approved through the court, even when the modification itself is uncontested.
What happens if I stop paying support without getting a modification first?
The original order remains enforceable until it is formally changed, so falling behind without seeking a modification can lead to enforcement action, including a growing balance owed.
Can a timesharing schedule be modified along with child support?
Yes. A change in the timesharing schedule often affects the child support calculation as well, so these requests are frequently handled together.
The information provided on this page is for general informational purposes only and should not be considered legal advice. Every case is unique, and the application of the law depends on the specific facts and circumstances involved. Viewing this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome in any future matter. If you need legal advice regarding your situation, contact the Law Offices of E.F. Robinson, P.A. to discuss your case and receive personalized legal guidance.
