Practice area
Post-Judgment Modification Attorney in Florida
Final judgments in family law are not always the final word. When life changes significantly, Florida law provides a path to modify timesharing, child support, and certain alimony orders.
What we handle
- Parenting plan and timesharing schedule modifications
- Child support upward or downward modification under Fla. Stat. § 61.30
- Alimony modification — durational and rehabilitative awards
- Termination of alimony upon retirement or recipient's remarriage/cohabitation
- Emergency motions for temporary modification when safety is at risk
- Enforcement of existing orders through contempt proceedings
Substantial change in circumstances — the legal standard
Florida courts will modify a final judgment only when the requesting party demonstrates a "substantial change in circumstances" that was not contemplated when the original order was entered and is not temporary in nature (Fla. Stat. §§ 61.14, 61.13). For child support, a change of 15% or more from the existing order amount triggers a rebuttable presumption that modification is warranted under Fla. Stat. § 61.30(1)(b). For timesharing, the party seeking modification must show that the change is in the child's best interests and that circumstances have materially changed since the original order. For alimony, the 2023 statutory amendment (SB 1416) now explicitly recognizes the paying spouse's good-faith retirement as a qualifying change in circumstances.
How a modification proceeding works
Evaluate whether the standard is met
We analyze whether your changed circumstances are substantial, unanticipated, and permanent enough to survive a motion to dismiss. Filing a modification that fails this threshold wastes time and money.
File the supplemental petition
The party seeking modification files a supplemental petition for modification with the original court. We serve the other party and document the changed circumstances in the pleading.
Financial and parenting disclosure
Both parties exchange updated financial affidavits and, for parenting modifications, any relevant evidence of the change in circumstances affecting the child.
Mediation
Florida courts require mediation before contested modification hearings. Many modifications settle at this stage with an agreed supplemental judgment.
Hearing and new order
If mediation does not resolve the matter, the judge hears evidence and enters a supplemental final judgment with the modified terms. Support modifications may be retroactive to the date of filing.
What it costs
Modifications start at $4,500 for straightforward cases. Complex modifications involving contested timesharing or high-income support disputes are handled on a retainer basis.
View full pricing breakdownCommon questions
How much does income need to change to modify child support in Florida?
Under Fla. Stat. § 61.30(1)(b), a difference of at least 15% between the current support order and the amount that would result from applying the guidelines to present circumstances creates a rebuttable presumption of substantial change. Smaller changes can still support modification if other substantial changes exist, but the 15% threshold is the clearest path.
Can I modify a timesharing order if my ex is not following it?
Failure to follow a parenting plan is grounds for contempt, not necessarily for modification of the plan itself. To modify the parenting plan, you must show a substantial change in circumstances since the original order. Repeated, documented violations can be part of that factual record, but contempt and modification are separate proceedings with different standards.
My ex remarried — does that end alimony?
Remarriage of the recipient automatically terminates alimony under Fla. Stat. § 61.14(1)(a) — no court order is required. Cohabitation with a supportive partner is grounds for modification or termination but requires a court proceeding and proof that the cohabitation is supportive in nature.
When does a relocation affect the parenting plan?
A parent who intends to relocate more than 50 miles from their current residence must follow the relocation procedures in Fla. Stat. § 61.13001 — either obtaining a written agreement from the other parent or filing a petition for relocation. Relocating without consent or a court order can result in sanctions and reversion of the timesharing schedule.
5-minute quote
Ready to know your number?
Answer 8 quick questions and get your line-item flat fee in 5 minutes. Every week you wait, the other side prepares — start now.
Build your quoteReady to take the next step?
The 5-minute qualifier gives you a preliminary fee estimate and helps us understand your situation before your first call.