Life changes. And because life changes, so must life’s plans. And that includes custody, alimony, and parenting plans.
Florida law recognizes that significant life changes can occur. If they do, you may be able to ask the court to change parts of your divorce order. But the rules are strict. One mistake can cost you time, money, and stress.
Our family law team at Hoffman, Larin & Agnetti explains when you can request a change, what constitutes a valid reason, and what steps to take next.
What Is a Modification?
A “modification” means asking the court to change part of your final divorce order. This could include:
- Child support
- Alimony (spousal support)
- Parenting plans or time-sharing
The court will not change an order just because you ask. You must show the court that your situation meets Florida’s legal test.
Florida’s Four-Part Test
To change an order, you must prove the change is:
- Substantial: It must be a big change.
- Material: It must affect the support or custody issue.
- Involuntary: You did not choose this change.
- Permanent: The change is not temporary.
Examples: Losing your job because of a company closure, a serious health problem, or a significant change in your child’s needs may qualify.
Child Support Changes
Parents often ask if child support can be increased or decreased. It can — if the facts support it.
Florida law states that child support can be modified if a significant change would result in an increase or decrease of at least 15% or $50.
Examples:
- A parent loses a steady job and is unable to find comparable work.
- A parent gets a big raise or inheritance.
- A child requires specialized medical or educational care.
Changing a Parenting Plan
Changing a parenting plan or time-sharing arrangement is more challenging. Florida courts strive to ensure children have stable lives.
To change a plan, you must show:
- A big, material, and unexpected change.
- The change is in your child’s best interest.
Examples:
- A parent moves far away.
- A child’s safety or well-being is at risk.
- There is proven abuse or neglect.
Alimony Changes
Not all alimony can be changed. It depends on the type. For example, permanent alimony can often be changed. Bridge-the-gap alimony usually cannot.
Reasons for a change:
- A big drop or increase in income.
- Retirement at a fair age.
- The person receiving alimony remarries or lives with a new partner.
What Does Not Work?
The court may not approve changes if:
- You quit your job on purpose.
- You have a short-term pay cut.
- There is no real proof of change.
How to Request a Change
- Keep paying: Do not stop paying or following the order until the court changes it.
- Keep records: Save documents that show what changed — like pay stubs or medical papers.
- File properly: File a Supplemental Petition and follow the legal steps.
Let Us Help
At Hoffman, Larin & Agnetti, we have helped Florida families with divorce and post-divorce issues for over 40 years. We know what it takes to prove a valid change. We can help you gather the proper evidence and protect your rights.
Think your situation qualifies? Let’s talk.
Call us: 305-653-5555
Text us: 305-653-1515
Email: [email protected] Or visit www.hlalaw.com
Hoffman, Larin & Agnetti, P.A.
For 40 Years, Experience and Results Matter
