Modifications: When the judgment no longer fits your life.
I'm Chris Taylor, and modifications are a substantial part of my Jacksonville practice. Support orders and parenting plans can remain in place for years, and circumstances change. This page explains when a Florida court can modify a judgment, what must be shown, and why the timing of your filing can matter.
The process
How a judgment gets changed.
A modification asks the court to change an existing judgment because there has been a substantial change in circumstances. The exact standard depends on what you are asking the court to modify.
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01
We compare then and now.
We look at the circumstances when the judgment was entered and what has changed since then.
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02
A supplemental petition is filed.
It explains the changed circumstances and the relief you are requesting. Pleading the case properly matters.
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03
Financial information is updated.
In support cases, both sides usually exchange updated financial affidavits and supporting documents.
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04
Mediation, usually.
Many modification cases settle without a final hearing.
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05
A hearing if needed.
If the case does not settle, the judge hears the evidence and decides whether the judgment should be modified.
The filing date matters.
Support generally cannot be modified for a period before the modification action was filed. Until then, the existing order remains in effect.
The legal test
What counts as a substantial change.
The court looks for a real change in circumstances, not simply that the existing order has become inconvenient. In support cases, several questions usually matter.
Is it substantial?
A small change in income may not be enough. A job loss, significant increase in income, or other meaningful financial change may be. For child support, when the guidelines are used to establish the change, the difference must generally be at least 15 percent or $50 per month, whichever is greater.
Is it lasting?
A change generally needs to be more than a brief interruption to justify a permanent modification. But a shorter-term change can still support temporary relief, including an abatement or temporary reduction in the right circumstances.
Was it voluntary?
A parent generally cannot reduce support simply by choosing to earn less. If someone is voluntarily unemployed or underemployed, the court can impute income based on what that person could reasonably be earning.
What changed since the judgment?
The court compares the circumstances underlying the existing order with the circumstances today. The standard depends on whether you are modifying child support, alimony, or a parenting plan.
Two paths
A court order, or an agreement?
Not every change needs a contested hearing. If both sides agree that circumstances have changed, the quickest route is often to agree on the new terms and ask the court to approve them.
Modifications
You need the court to change support, alimony, or a parenting plan, and the other side may not agree.
You're reading about it nowDivorce mediation
You both know the judgment no longer fits and want to work out new terms with a neutral in the room.
See divorce mediationCommon questions
What people ask about modifications.
I lost my job. Can I stop paying child support?
Not without a court order. The existing order remains in effect until the court changes it, and unpaid support can accumulate as arrears. It is important to file a supplemental petition promptly and have support reevaluated based on your changed circumstances. The court generally cannot modify support for any period before the supplemental petition was filed, which is why timing matters.
How much does income have to change to modify child support?
Florida looks at the change in the guideline support amount, not just the change in income. If the guidelines are being used to establish a substantial change in circumstances, the new support amount generally must differ by at least 15 percent or $50 per month, whichever is greater.
Can a parenting plan be changed?
Yes. A parenting plan can be modified when there has been a substantial, material, and unanticipated change in circumstances and the change is in the child’s best interests. The parenting plan page explains the factors the court considers.
A move of 50 miles or more for at least 60 consecutive days is generally treated as a relocation and has separate requirements.
Can alimony be modified?
Often, yes. Durational and rehabilitative alimony can be modified in appropriate circumstances. Durational alimony can generally be changed in amount, but its length can be changed only in exceptional circumstances. Bridge-the-gap alimony cannot be modified. Retirement and a supportive relationship can also affect an existing alimony obligation.
Can we just agree to a change between ourselves?
You can agree, but the agreement should be entered as a court order. An informal agreement does not change the existing order, which remains in effect until the court approves the modification. Putting the agreement in writing and submitting it to the court protects both sides.
The other parent is not following the order. Is that a modification?
No. That is generally an enforcement issue. Enforcement asks the court to require compliance with the existing order. Modification asks the court to change the order because circumstances have substantially changed.
Very Thankful to have found and used Mr. Taylor. I hired Mr. Taylor to help with an alimony and child support adjustment after I had gone to another Law Office in Jacksonville who totally screwed me over.
- Two decades of practice
- Divorce and family law exclusively
- 10/10 Avvo rating
- Barrister, Florida Family Law Inn of Court
Free 45-minute case review
Bring the judgment with you.
Bring the existing judgment to a free 45-minute case review and tell me what has changed. I will tell you whether it meets the test and what filing now would protect.
