Modifying Florida Family Law Orders

A Florida final judgment is permanent in the sense that it dissolves the marriage and adjudicates each issue, but many of its provisions remain subject to modification when life changes. Time-sharing, child support, durational alimony, and rehabilitative alimony can all be modified. Bridge-the-gap alimony and the property division (equitable distribution) generally cannot.

The Substantial Change in Circumstances Standard

The threshold requirement for any modification is a substantial, material, and unanticipated change in circumstances that occurred after the prior order. The change must be permanent rather than temporary, and it must not have been contemplated at the time of the original order. A predictable raise that the parties knew was coming, or a temporary illness that resolves on its own, will not support modification.

Modifying Time-Sharing

Modifying time-sharing requires both the substantial change in circumstances and a separate finding that the modification is in the child's best interests. Florida courts apply this standard strictly to discourage relitigation of custody issues. Common changes that have supported modification include:

• A parent's significant relocation
• A material change in a parent's work schedule that disrupts the existing schedule
• Substance abuse, domestic violence, or arrest
• A parent's persistent interference with the child's relationship with the other parent
• The child's developmental needs as the child ages -- typically more significant for very young children moving into school age

Modifying Child Support

Child support modification has its own standard. Under Florida Statutes § 61.30(1)(b), a difference of at least 15% or $50 per month, whichever is greater, between the existing order and a new guideline calculation creates the required substantial change. Most modifications stem from one of the following:

• A change in one parent's income (job loss, promotion, change of employment)
• A change in the time-sharing schedule that triggers gross-up or shifts the percentage of overnights
• A child reaching the age of majority, leaving only some of the children covered
• A change in the cost of health insurance or work-related childcare

A modification of child support is generally retroactive only to the date the petition was filed, not to the date the underlying change occurred.

Modifying Alimony

Under Florida Statutes § 61.14, alimony may be modified or terminated on a substantial change in circumstances. After the 2023 reform, the most common modification grounds include:

• Voluntary retirement at normal retirement age (Florida Statutes § 61.14(1)(b))
• Material involuntary reduction in the payor's income
• A supportive relationship between the recipient and another person under Florida Statutes § 61.14(1)(b)
• Remarriage of the recipient (terminates most forms automatically)
• Death of either party (terminates all forms)

Rehabilitative alimony is also subject to modification or termination based on completion of -- or noncompliance with -- the written rehabilitative plan. Bridge-the-gap alimony cannot be modified in amount or duration.

What Cannot Be Modified

The equitable distribution of property is generally final once the judgment becomes final and the time to appeal has expired. Even a dramatic change in the value of a divided asset does not reopen the distribution. The narrow exceptions are fraud, misrepresentation, or newly discovered evidence under Florida Family Law Rule 12.540.

Filing a Petition for Modification

Modification is initiated by filing a Supplemental Petition for Modification. The petition is filed in the same circuit court that entered the original judgment. The opposing party must be served and may file an answer and counter-petition. Mandatory disclosure applies again, and the case typically proceeds through mediation before any trial.

Call 786-522-1411 to discuss whether your circumstances support a Florida modification petition.