Circumstances change. Whether it’s income, custody, or support, our Miami family law attorneys can help you seek a fair post-judgment modification that reflects your current reality.
Has your life changed significantly since your divorce was finalized? Maybe you’ve lost your job, relocated for work, or your ex-spouse isn’t following the parenting plan. Perhaps your child’s needs have evolved, or your financial situation is dramatically different than when your court order was issued.
Florida law recognizes that circumstances change. At Nest Law, we help clients modify existing court orders when substantial changes in life make the original arrangements impractical or unfair. Our goal is to help you adapt your legal arrangements to match your current reality, while protecting your rights and ensuring your children’s best interests remain at the center of any modification.
Under Florida law, court orders regarding alimony, child support, and parenting arrangements can be modified when there has been a “substantial, material, involuntary, and permanent change in circumstances.” This legal standard requires that the change:
The Florida Statute §61.14 governs enforcement and modification of support, maintenance, and alimony agreements and orders. This statute provides the legal framework for requesting changes to existing court orders.
It’s important to note that while support and parenting arrangements can be modified, property division determinations are final and cannot be changed once the divorce is finalized.
Life rarely stays the same after divorce. Several significant changes can qualify for modifying your court orders.
Child support obligations may be modified when either parent experiences a substantial change in income or the child’s needs significantly change. Common situations include:
Florida uses specific guidelines to calculate child support based on both parents’ incomes and the time-sharing arrangement.
Parenting plans and time-sharing schedules can be modified when there is a substantial change in circumstances and the modification would be in the child’s best interests. Situations that might warrant modification include:
The court always prioritizes the child’s best interests when considering modifications to parenting arrangements.
Spousal support or alimony may be modified or terminated based on substantial changes in either ex-spouse’s financial circumstances or living situations. Common grounds include:
The 2023 Florida alimony reform eliminated permanent alimony for new cases, but existing alimony orders may still be modified based on changing circumstances.
Obtaining a post-judgment modification involves several steps:
During this process, the original court order remains in effect until the judge approves the modification. This means you must continue to follow all provisions of the existing order, even if you’ve filed for a modification.
Successful modification cases require more than just filing paperwork. Several key factors affect whether a court will grant your request and how the process unfolds.
The burden of proof rests with the person requesting the modification. You must provide clear evidence that:
Our attorneys help clients gather and present compelling evidence to meet this burden of proof.
While your modification case is pending, you must continue to comply with all existing court orders. Failing to do so could harm your modification case and potentially result in contempt proceedings.
In certain urgent situations, the court may grant temporary modifications on an emergency basis. These typically involve immediate concerns about a child’s safety or welfare, such as:
Emergency modifications are temporary measures until a full hearing can be held on the permanent modification request.
Life changes don’t stop when a divorce is finalized. At Nest Law, we help clients adapt their legal arrangements to match their current realities. Whether you need to request a modification or respond to a modification request from your ex-spouse, our attorneys provide clear guidance and strong advocacy throughout the process.
Contact Nest Law today for a confidential consultation about your post-judgment modification case. We’ll help you evaluate your options and develop a strategy tailored to your specific situation.
There’s no mandatory waiting period, but you must show a substantial change in circumstances that wasn’t known or contemplated when the original order was entered. Courts generally look for changes that occurred after the final judgment.
In Florida, child support modifications typically apply only from the date of filing the petition forward. The court rarely makes retroactive modifications to dates before the petition was filed.
If both parties agree on the modifications, you can submit a written agreement to the court. However, the judge must still approve the changes, particularly those involving children, to ensure they serve the children’s best interests.
No. You must continue paying the court-ordered amount until a judge modifies the order. However, job loss is a common basis for modification, so you should file a petition promptly if you lose your job.
There’s no legal limit on how often you can request modifications. However, each request must be based on substantial changes in circumstances that have occurred since the last order was entered.
