Modification of Family Law Orders

Life changes can make it necessary to revisit a family law court order. If you lose your job, move for work, suffer a serious injury, or your ex-spouse remarries, these changes may serve as grounds to modify your divorce, custody, or support agreement. At The Law Office of Chaye R. Smith, PLLC, we can help you determine whether a modification applies to your situation and guide you through the process.

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When a Modification May Be Granted

Judges usually want to see evidence of a substantial, material, and unanticipated change since the original order. Common examples include:

• Loss of employment or significant drop in income

• Significant increase in income by one parent

• Serious medical condition or disability

• Changes in a child’s needs due to health or education

• Unsafe or inadequate living environment

• Relocation of a parent (more than 50 miles)

• Remarriage of a former spouse

 

Types of Modifications

Courts in Florida may allow changes to::

• Child Support – Adjusted when there are major changes in income, job status, or the child’s needs.

• Child Custody & Parenting Plans – Modified if relocation, safety concerns, or a child’s best interests require it.

• Alimony (Spousal Support) – Changed if income decreases significantly, or if the supported spouse remarries or becomes self-supporting.

• Other Settlement Terms – If original terms are no longer fair or workable.

 

Evidence Required

Courts require clear, convincing evidence to approve a modification. This may include:

• Testimony from friends or family

• Expert testimony from professionals

• Financial records such as taxes, pay stubs, or bank statements

• Medical or police records, when relevant

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The Modification Process

While procedures vary from county to county, the general process in Florida includes:

• Filing a petition in the appropriate Florida court

• Serving notice to the other party

• Exchanging financial, medical, or other records

• Attempting mediation

• A hearing before a judge if no agreement is reached

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Relocation Cases

If a parent seeks to move more than 50 miles from their current residence, Florida law requires notice and often court approval. Courts will review:

• The impact on the child’s schooling and stability

• Transportation and visitation arrangements

• The child’s relationship with the non-relocating parent

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Some counties require specific relocation forms and mediation before a judge makes a decision.

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Alimony/Spousal Support Modifications

Alimony may be modified if there has been a substantial and material change in financial circumstances. Examples include:

• Significant decrease in the supporting spouse’s income

• Long-term job loss

• Remarriage or financial independence of the supported spouse

 

The following generally do not qualify for modification:

• The supporting spouse remarrying

• Only minimal financial improvements for the supported spouse

• Voluntary unemployment or underemployment

• Binding agreements waiving modification rights

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