A Community-Focused Law Firm That’s Here For You

Work With An Experienced Lawyer When Seeking Family Law Modifications

While family law orders are written with the goal of providing consistency and stability, Florida courts also recognize that circumstances and needs may change over time. That’s why, under certain conditions, either party subject to a family law order can petition the court for a modification.

If you need to seek post-divorce modifications to an order for child custody, support or alimony, you must ensure that your petition is well written and compellingly presented. That is best accomplished with the help of a skilled family law modifications attorney like ours at C.J. Hilliard Law, P.A.. From our Winter Garden office, we represent clients throughout the Orlando metro area.

Modifying Child Custody Arrangements

In Florida, child custody arrangements are governed by the parenting plan. If the two parents agree to make the change, they can submit the modification request for court approval. However, if only one parent wants the change, making parenting plan adjustments requires demonstrating a significant change in circumstances since the original order was established. Such changes might include a significant shift in either parent’s living situation, employment, or health to the degree that the current order no longer serves the child’s best interests. A parent’s need or desire to relocate a significant distance away is a common reason for seeking modification.

The judge will evaluate several factors to determine if the change is warranted based on the “best interests” standard. Key considerations include the child’s safety, stability and emotional well-being.

Ms. Hilliard will effectively and vigorously represent your interests whether you are seeking a parenting plan modification or working to prevent one.

Modifying Child Support Arrangements

The criteria for child support modifications are very similar to those for custody modifications. A petition will be considered if either parent has experienced a significant shift in income (up or down), employment or ability to earn an income due to health issues. Parents can also request a modification if there has been a significant change in the child’s needs/expenses related to medical care, education or other aspects of their life.

Either parent can also request a review of the current child support order if it has not been reviewed in the past three years.

When granting or denying the petition, courts will ensure that the requested change aligns with state child support guidelines and that the change would reflect the child’s best interests. Providing clear and compelling financial documentation is critical.

Modifying Spousal Support Arrangements

First, it is important to note that alimony cannot be granted after a divorce has been finalized. Alimony must be part of the original divorce decree. It also cannot be modified if the divorce decree specifies that it is “nonmodifiable.”

Absent those circumstances, either party can petition the court to modify or end alimony citing a significant change in needs or circumstances, such as:

  • A major change in income or earning potential
  • A major change in assets like winning the lottery, receiving gifts or gaining a large inheritance
  • The payer’s retirement
  • Evidence that the payee has gotten remarried or is in a cohabiting relationship with a new partner

This list isn’t exhaustive. If you believe your alimony order needs/deserves to be modified or you wish to block an alimony modification petition, Ms. Hilliard is ready to help.

Get Answers To Your Legal Questions From A Family Law Modifications Attorney

C.J. Hilliard Law, P.A., serves family law clients throughout the greater Orlando area. Ms. Hilliard can help with both the modification and enforcement of family law court orders. To request your initial consultation, contact us online or call our Winter Garden office at 407-255-7607.