When Life Changes After Divorce: How to Modify Custody or Support Orders

Life always throws unexpected changes or challenges our way. So, after the final divorce decree is signed, it is not uncommon for life to shift in a manner that makes the original custody or support order no longer meet your needs or your child’s. For instance, maybe you have gotten a job in another city or your child’s needs have changed. Or perhaps your ex-spouse’s situation has changed significantly, affecting their ability to pay support or provide a stable home for your child. When such things happen, you may wonder if and how you can modify the custody or support order. The good news is that custody and support orders are not set in stone in Florida. The law acknowledges that changes (foreseen and unforeseen) can happen after a divorce. If life has changed after your divorce was finalized, you might be able to modify your court orders. Let’s look at how this process works in Florida. 

The Legal Standard for Modification in Florida

In Florida, you cannot just return to court because you are unhappy with the original order. Florida courts require you to meet a specific legal standard before you can make any changes to any part of a divorce decree.

In Florida, the exact standard for modification depends on whether you are looking to modify child custody (what is currently called “Timesharing” and “Parenting Plan” in Florida), child support, or alimony. For child support and alimony, you need to prove that there has been a substantial, material, and unexpected change in circumstances. On the other hand, you do not have to prove the change was unexpected when modifying child custody.

Modifying a Parenting Plan and Timesharing Schedule

In Florida, when the parents of a minor child divorce, they must create a time-sharing schedule and parenting plan before their divorce can be finalized. A parenting plan is an agreement that states each parent’s responsibilities and specifies when the child will spend time with each parent. In Florida, parents are usually encouraged to come up with the plan themselves.

Until two years ago, Florida law only allowed parents to modify custody orders if they could show a substantial, material, and unanticipated change had occurred. Effective July 1, 2023, Florida law removed the need for the change to be unanticipated. 

Florida still puts the child’s best interests first. So, while you do not have to prove that the change was unforeseeable, you must prove that a substantial, material change in circumstances happened before the court can change a parenting plan or time-sharing schedule. Here are some examples of instances where you may be able to modify a child custody order in Florida:

• The other parent starts facing issues that could put your child at risk, such as substance abuse, an unstable home, criminal conduct, or health issues.

  
  

• The child has new needs or is facing new challenges, such as behavioral changes or poor grades.

  
  

• Your or your child’s other parent's work schedule changes, making the current plan or schedule impractical or unfeasible.

  
  

• You intend to move a considerable distance away, making the existing plan or schedule impractical or unfeasible.  Note that unless you have an agreement that states otherwise, you are not permitted to relocate your residence more than 50 miles without agreement or a court order, and that any request to relocate is governed by Fla. Stat. Section 61.13001.   

  
  

Modifying a Child Support Order

Child support is a payment that one parent pays to the other after divorce to ensure the child’s financial needs are met. But as jobs, incomes, and your child’s needs change, you may be able to seek a child support order modification. If you can show that there is a substantial, material, and unanticipated change in circumstances, you can modify a child support order.

Here are some examples of instances where you can seek a child support order modification in Florida;

• Job loss, reduction in work hours, or promotion resulting in increased income

  
  

• One parent suffers a life-changing illness or disability

  
  

• The child’s needs increase due to education, medical, or childcare expenses

  
  

• A significant shift in parenting time

  
  

It is vital to note that under Florida’s child support guidelines, the recalculated child support amount must differ from the existing order by at least 15% or $50, whichever is greater, for the change in circumstances to be considered “substantial.”

Modifying an Alimony Order

Alimony, also called spousal support, like child support, can only be modified if you can show that a substantial, material, and unforeseen change in circumstances has happened. Legal grounds for modifying alimony in Florida can include:

• A significant change in income for either spouse

  
  

• The receiving spouse remarries or starts cohabitating with a supportive partner

  
  

• The paying spouse retires

  
  

• Either spouse suffers a serious illness or disability

  
  

The General Modification Process

So, what actually happens when you want to modify a child custody or support order in Florida? Here are the general steps;

• Filing a petition, not a motion, in the court that issued your original order. This must be served on the other party by a process server.  

  
  

• Providing supporting documentation or evidence

  
  

• Attempting mediation

  
  

• Court hearing (if no agreement is reached)

  
  

The modification process can take time and can be complex, especially if children are involved. Having a qualified family law attorney is vital.

Why You Need an Attorney

While you are not legally obligated to have an attorney to modify a child custody or support order in Florida, it is best to retain an attorney. Modification cases are rarely straightforward. You must meet a high legal standard and have strong evidence to ensure your request is not denied.

A skilled Florida family law attorney from The Loris Law Group can:

• Assess whether your situation qualifies for modification

  
  

• Help you gather and present strong evidence

  
  

• Support you in mediation

  
  

• Represent you at trial

  
  

• Ensure your rights and those of your child are protected

  
  

Whether you are seeking more time with your child, more child support, an adjustment to alimony, or an increase or decrease in child support amount, having an attorney can make all the difference.

Take the Next Step Forward

As the saying goes, “The only constant in life is change.” When a significant change in circumstances happens after divorce, your custody or support orders should reflect the new reality. Luckily, Florida law allows for modifications as long as all the legal requirements are met. However, the modification process can be complicated and overwhelming without skilled legal guidance. That is where we come in. At The Loris Law Group, our experienced family law attorneys can assess your situation and help you understand your legal options. We can advocate for the best outcome. Contact us today to schedule a consultation and take the next step forward.