Modifications

When Life Changes, Your Court Orders Can Too

Family court orders aren't always permanent. When significant changes occur in your life or your children's lives, Florida law allows you to seek modifications to custody, child support, and alimony orders. Attorney Gustavo E. Frances helps clients navigate the modification process, whether seeking changes or defending against them.

Understanding when modifications are appropriate—and how to present your case effectively—is crucial to achieving a successful outcome.

Types of Modifications We Handle

• Child Custody Modifications: Changes to timesharing schedules, parental responsibility, or parenting plans.
• Child Support Modifications: Increasing or decreasing support based on changed income or children's needs.
• Alimony Modifications: Adjusting spousal support due to retirement, income changes, or cohabitation.
• Relocation Cases: When a parent wants to move more than 50 miles with the children.

The Substantial Change Standard

Florida courts require a substantial, material, and unanticipated change in circumstances to modify existing orders. This protects the stability of court orders while allowing flexibility when truly needed.

Common qualifying changes include:

• Significant increase or decrease in income
• Job loss or career change
• Serious illness or disability
• Remarriage or new children
• Child's changing needs (education, medical, activities)
• Relocation for employment
• Retirement (for alimony modifications)
• Cohabitation of the receiving spouse (alimony)
• Safety concerns or domestic violence

Our Modification Services

• Case Evaluation: Assessing whether your situation qualifies for modification under Florida law.
• Seeking Modifications: Filing petitions and presenting evidence to support your requested changes.
• Defending Against Modifications: Protecting existing orders when modification requests are unwarranted.
• Negotiated Agreements: Working with the other party to reach mutually acceptable changes.
• Emergency Modifications: Expedited proceedings when children's safety is at risk.

Important Considerations

Before seeking a modification, understand these key points:

• Don't Self-Modify: Never stop paying support or change custody arrangements without a court order. You could be held in contempt.
• Document Changes: Keep records of changed circumstances (pay stubs, medical records, job search efforts).
• Act Promptly: While you must wait for a real change, don't delay once one occurs. Modifications typically aren't retroactive.
• Formalize Agreements: If you and your ex agree on changes, file them with the court to make them enforceable.

The Modification Process

1. Consultation: We evaluate your situation and determine if modification is appropriate.
2. Filing: We prepare and file a Supplemental Petition for Modification with the court.
3. Service: The other party is served and has time to respond.
4. Negotiation: We attempt to reach an agreement through negotiation or mediation.
5. Hearing: If needed, we present your case at a court hearing.
6. Order: The court issues a modified order if the change is approved.

Get Help with Your Modification

Whether you need to modify an existing order or defend against an unwarranted modification request, we're here to help. Contact us today for a free consultation to discuss your situation.