Serving Pasco, Pinellas, Hernando and Hillsborough Counties
★★★★★ 4.6 from 111 Google reviews|(727) 372-4722
Serving Pasco, Pinellas, Hernando and Hillsborough Counties
★★★★★ 4.6 from 111 Google reviews|(727) 372-4722
Modification of divorce
A final judgment is final as to the past. Time-sharing, child support and most alimony can still be changed when life changes enough, but only through the court. A private agreement to do something different is not enforceable until a judge signs it.
Modification cases turn on one question: has there been a substantial change in circumstances since the last order?
Jobs change, children grow, people remarry and relocate. When the existing judgment no longer fits, we file for the change that reflects reality, and we defend against modifications that are not justified.
Time-sharing and the parenting plan, child support, and alimony, if the original judgment did not make it non-modifiable. What generally cannot be modified is the division of property and debt. Equitable distribution is final once the judgment is entered, except in rare cases involving fraud or a mistake that is raised promptly.
A change that is significant, that has happened since the last order, and that the court did not already account for. For time-sharing, Florida law since 2023 requires that the change be substantial and material and that the modification be in the child’s best interests; the old requirement that the change also be unanticipated has been removed. For child support, the change generally has to move the guideline amount by at least 15 percent or $50 a month. For alimony, the change must be substantial, and the court looks at whether it was contemplated when the original award was made.
A parent relocating, a change in a parent’s work schedule that makes the existing schedule unworkable, a child’s changing needs as they get older, a parent’s substance abuse or new domestic violence, or a persistent failure by one parent to follow the plan. A child simply preferring a different schedule is a factor, but not by itself a substantial change.
An involuntary job loss or a significant change in income, a change in the time-sharing schedule that changes the overnight count, a child aging out or a change in health insurance or child care costs. Support can be modified up or down, and the new amount generally runs from the date the petition was filed, not from the date the change happened, which is a reason not to wait.
A supplemental petition is filed in the same case as the original judgment and served on the other party. Both sides exchange updated financial information, and, as with the original case, mediation is generally required before a hearing. Many modifications are resolved by agreement once the numbers are on the table. If not, the court holds an evidentiary hearing and enters a supplemental final judgment.
Who handles this
Managing Partner · Family Law Attorney · Florida Supreme Court Certified Family Mediator
Free first consultation
Talk to an attorney about your situation.
By phone or in the office. Monday to Friday, 9:00 to 5:00.
Handled by Erin Catey
Common questions
General information about Florida law, not legal advice for your specific case.
You can agree to anything you both stick to, but an informal agreement cannot be enforced, and if one parent later changes their mind the court order controls. If a new arrangement is working, we can turn it into an agreed modification so it is protected.
An agreed modification can be entered within a few weeks. A contested one follows the same path as the original case, with financial disclosure and mediation, and commonly takes several months.
Remarriage of the receiving spouse ends most forms of alimony automatically. A supportive relationship without marriage can also be grounds to reduce or end alimony, but that has to be proven to the court.
Often, if the child or the parties now live in Florida and the other state no longer has jurisdiction. The rules for which court can act are technical, and we look at them at the first consultation.
Not on your own. The existing order remains in force until the court changes it, and unpaid amounts accrue. File promptly; a modification of support generally takes effect from the filing date.
No fixed deadline, but delay works against you. Support modifications are not retroactive to before the petition, and the longer an unworkable time-sharing schedule stays in place, the harder it is to argue it needs changing.
The first consultation is free, by phone or in the office. Call during business hours or send a message and we will get back to you.
Catey & Maguire Law, P.L.L.C.
6230 Lafayette St, New Port Richey, FL 34652
Monday to Friday, 9:00 am to 5:00 pm. Saturday and Sunday, closed.
