Florida Modification Attorney
Can I Modify My Family Order or Divorce Agreement?
Modifications let you request changes to a family law court order. If you lose your job, move for work, suffer a serious injury, or your ex-spouse remarries, these changes can often serve as grounds to modify your divorce, separation, child custody, or other family law agreements.
Evidence the court will typically accept includes, but is not limited to:
- Testimony from friends or family
- Expert testimony from professionals
- Legally binding documentation—taxes, bank statements, police records, and more
Courtrooms across Florida may request different sets of documents and testimony depending on local practices in regions like Escambia County or Orange County. Each court weighs the facts according to the Florida Family Law Rules of Procedure, so understanding these local variations can make the case stronger. Because each judge may interpret your evidence differently, our attorneys guide you through what applies in your jurisdiction.
Judges usually want to see evidence of the major life change that led you to seek a modification. Choose a divorce modification lawyer in Florida who understands your situation and knows how to communicate the facts of your case. When you work with our team, we carefully evaluate your family’s situation and bring forward the key issues and facts that should be considered.
We can assist with the modification of:
- Alimony payments
- Child custody or visitation
- Child support
- Other terms in your settlement
Would you like to learn how we can help you? Schedule a consultation with our legal team to discuss your modification goals. Contact our Florida modifications lawyers at (800) 822-5170.
Child Custody & Support Modification in Florida
When parents or couples divorce, the State of Florida requires a parenting plan that meets the best interest of the child or children. This plan covers all aspects of the child’s upbringing, from custody rights to major decisions. Once a judge approves the plan, it becomes a binding court order that everyone must follow.
Courts in Florida review each case based on family circumstances, county guidelines, and statutes such as Florida Statute § 61.13. When revisiting custody or support orders, Florida judges look for a substantial, unplanned, and lasting change since the original order. The standard for modification focuses on showing changes are significant and ongoing, not temporary, and that the new arrangement supports the child’s needs. Parents filing in Bay County or Orange County may face different procedural requirements, so working with a divorce modification attorney in Florida who understands the local court system can help streamline your case.
Common circumstances that may result in a modification include the following:
- The child’s needs change due to a medical condition, for example
- The court needs to enforce the order because a parent is not cooperating
- An abusive or dangerous environment
- Inadequate care for the child during visitation
- Work relocation
Florida law requires notice and often court approval when parents move more than 50 miles from their current residence. Relocating within the state affects school districts, transportation, and access to family support. Some counties provide specific relocation forms and may require mediation before a judge considers the request. Our firm follows these local Florida guidelines when working with families on this step.
If relocation forms part of your modification, the court will review how the move could affect your child or children’s relationship with the non-custodial parent.
Child support can also change if one of the following circumstances applies:
- One parent loses their job
- One parent’s wages drop significantly
- A parent experiences a big increase in income that could improve the child’s life
- The child’s needs change due to a medical issue, for example
Courts require certain income changes to meet a minimum threshold before adjusting child support in Florida. State guidelines determine support amounts and take into account both parents’ incomes, health insurance, and child care costs. Reviewing financial documentation before filing helps ensure your request meets the standards set by the Florida Department of Revenue and local courts.
To modify a court’s order, present specific and convincing evidence. Courts grant modifications only if the change is in the child or children’s best interest. As you prepare your petition, consider how the modification may affect your children and be ready to explain your reasoning to the court.
How to Modify Alimony/Spousal Support Agreements
Like child support, alimony in Florida can be modified if real financial changes occur after your original agreement. If the supporting spouse’s income decreases significantly, courts may lower or even stop alimony payments. The court may also reduce or end alimony if the supported spouse remarries or starts a new job that provides adequate finances.
Certain Florida courts, including those in Panama City and Orlando, apply state law and local preferences for evaluating financial disclosures. Florida statutes require that a substantial and material change in financial circumstances occur before a judge will review spousal support. Judges look for clear, ongoing financial changes such as a long-term job loss or a major shift in income. County hearings usually require you to provide recent pay records, proof of remarriage if relevant, and tax documents to support your request.
The following reasons do NOT usually qualify for modification:
- The supporting spouse getting remarried
- The supported party shows only minimal economic improvement
- One party voluntarily quits work or gets fired on purpose
- There is a binding marital agreement waiving the right to modify
To move forward with an alimony modification, you must serve a petition to your spouse, exchange financial disclosures, and attempt mediation to resolve disagreements outside court. If you can’t reach an agreement, your case will go to a family court judge, who will decide based on the facts and Florida law.
What Constitutes a Substantial Change in Florida?
Florida courts expect a substantial, material, and unforeseen change before they will consider modifying an existing court order. Not every life event counts. To have your petition reviewed, you must show the change was not expected at the time of the original order, it affects your ability to follow the current terms, and it is significant enough to justify a legal adjustment. Common examples include unexpected job loss, a severe medical diagnosis with lasting impact, or a dramatic change in income that directly affects your financial situation or your children’s needs.
State guidelines and case law reinforce this standard throughout Florida, but local judges may have different approaches to deciding what qualifies as “substantial” in custody, alimony, or support cases. In large counties like Orange or Escambia, documentation and testimony carry considerable weight. Those working with an experienced divorce modification lawyer in Florida know which records to present and how local courts define substantial changes. Presenting clear evidence that matches county expectations can strengthen your request for a fair hearing.
The Timeline & Process for Seeking Modification in Florida
If you plan to request a modification, expect several steps and some variation between county courts. First, gather evidence to support your request and work with a family law attorney who knows your local procedures. After you file a petition in the proper Florida county court, the process includes serving notice to the other party, exchanging financial or medical records, and often attending mediation. If you and the other party cannot agree, a judge reviews the facts and decides on your modification.
Processing times can vary based on a court’s schedule and caseload. In busier regions like Orlando or Pensacola, hearings may take longer to schedule than in smaller, less crowded areas. By working with a divorce modification attorney in Florida who knows county rules, you can move through each step with fewer delays. Although the legal steps are similar across the state, knowledge of your local court’s process can help you approach your modification with confidence and keep your family’s circumstances front and center.
Serving All of Florida’s Post-Judgement Needs
If you want to make changes to your court order, call The Virga Law Firm, P.A. Our family law attorneys have more than 100 years of combined experience and provide trusted counsel and legal representation throughout Florida. We handle a wide range of family law matters, including modifications.
Cases filed in coastal counties like Bay or Escambia, or in major cities such as Orlando, follow local court schedules and administrative procedures. The time to process a modification petition depends on the location and the family division handling your case. Our team offers guidance that recognizes the unique requirements of each local court, making the process more accessible for families statewide.
Areas we serve include, but are not limited to:
No matter the circumstances—remarriage, change in income, or unexpected events—we strive to present the evidence needed to support your modification request. We provide guidance on preparing your petition and advice on each step to help you move forward. Our attorneys have the experience to assist with your modification. This process may feel overwhelming, but you don’t need to go through it alone. Our legal counsel is just a phone call away.
If you need to pursue a modification of your court order, let The Virga Law Firm, P.A. help you navigate the process. Contact our legal team online or call (800) 822-5170 today to begin your case with a consultation.
Frequently Asked Questions
Can I modify a court order if my ex-spouse disagrees?
Yes, you can file for modification even if the other party does not agree. The court reviews the evidence you provide and makes a decision based on the facts and Florida law, not solely on consent.
How long does it take to get a modification approved in Florida?
Processing times depend on the county and case complexity. Some cases resolve in a few months, while others in busier areas may take longer. Working with an attorney who knows local court procedures can help streamline your process.
Will the court consider temporary changes for modification?
Florida judges look for substantial, permanent changes instead of short-term setbacks. Temporary events typically do not meet the standard required to modify an existing court order.
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Meet Your Attorneys
Compassionate Counsel, Relentless Representation.
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Gerard Virga Founding Attorney -
David Lohr Executive Director/Attorney -
Chad Self Fort Walton Beach Managing Attorney -
Taylor Tippel Panama City Beach Managing Attorney -
Christopher Melendez Attorney -
Tamar Solarin Attorney -
Amy Mizels Attorney -
Lisa Lazan Attorney -
Danny Durnbaugh Chief Financial Officer -
Connie Brake Senior Paralegal