Changing a Custody, Child Support or Alimony Order in Florida's 14th Judicial Circuit

By Justin Andersson, Esq. | Justin Andersson, P.A., Panama City

For parents and former spouses in Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties

A final judgment can feel like the finish line. Then life keeps happening.

A job ends, or a much better one comes along. Your ex moves in with someone new. You move back to the Panhandle to be closer to your kids. Retirement is in sight. The order that fit your family a few years ago doesn’t fit anymore.

Here’s the good news: Florida law lets you ask the court to change (“modify”) a parenting plan, child support and most alimony. Here’s the honest part: nothing changes until a judge signs a new order, and the test you have to meet depends on what you want to change.

Whether you’re in Lynn Haven, Port St. Joe, Graceville or Chipley, here’s how it works in our 14th Judicial Circuit.

The ground rules

It takes a new court filing. You change a final judgment by filing a supplemental petition, not a motion. It runs like a new case: the other side must be formally served and generally has 20 days to respond. Judgments from paternity cases are modified under the same rules as divorce judgments.

Not everything can change. A pure property division generally can’t be reopened without both parties’ consent, and bridge-the-gap alimony can’t be modified at all.

A new agreement isn't an order until a judge signs it

Here’s a trap that’s easy to fall into. Parents agree on a new schedule by text, or ex-spouses shake hands on less alimony, and everyone assumes the order changed.

It didn’t. A parenting plan has to be approved by the court, and a mediated agreement on parenting or support becomes an enforceable order only after the judge approves and enters it. The appeals court that covers our circuit has held that a private deal to change child support will be enforced only if the children still receive substantially the same support and the new arrangement serves their best interests. That’s a narrow exception you’d have to prove later, not a plan. Until a new order is entered, plan on the old one controlling.

Pro Tip: If the two of you agree, that’s good news. It usually means a faster, calmer modification. Put it in writing and get it in front of the judge. An agreed change that’s never filed is just a text message.

Changing the parenting plan or time-sharing schedule

Florida law says time-sharing (the schedule) and parental responsibility (decision-making), not “custody.” Both live in the parenting plan.

To change it, you must prove two things: (1) a substantial and material change in circumstances, and (2) that the change you want is in the child’s best interests. Since July 1, 2023, the statute no longer says the change has to be one nobody anticipated when the judgment was entered.

That helps, but the bar is still high. The appeals court that covers our circuit has long described this as a heavy burden, and judges have much less freedom to change an existing plan than to create the first one, because changes disrupt children’s lives. Best interests are judged on a long list of statutory factors, including each parent’s willingness to support the child’s relationship with the other parent and to honor the schedule. Unless the parents agree on the schedule and the judge approves it, the judge must evaluate all of the factors and make specific written findings of fact.

Don’t assume a modification starts at 50/50, either. Whether Florida’s equal time-sharing presumption plays any role in modifying an existing plan isn’t settled. Our guide to Florida time-sharing laws in the 14th Circuit covers the presumption and the factors.

Usually not enough on its own:

Can be enough:

A parent who keeps refusing to honor the schedule (the court can modify the plan at the other parent's request if that's in the child's best interests)
Parental alienation, if it's proven with solid evidence
The "move closer" rule: if the two of you lived more than 50 miles apart when the last order was entered and one parent moves within 50 miles of the other, that move may count as the substantial change. "May" means the judge can, not must, and the new schedule still has to serve the child's best interests.

A petition that just says “circumstances have changed,” without facts showing a real change and how the child benefits, can be dismissed.

Moving away is different. A move of 50 miles or more for at least 60 consecutive days is a “relocation,” a separate process covered in our relocation guide.

Changing child support

Either parent can ask to raise or lower support, and the child support guidelines apply in a modification just as they did in the original case. There are two main routes:

The numbers moved enough. If the guidelines, run with current information, produce an amount that differs from the existing monthly amount by at least 15 percent or $50, whichever is greater, that difference can itself be the substantial change.
Life changed in a big way. Under the case law that binds our circuit, the change must be significant, material, involuntary and permanent.

“Permanent” matters. The appeals court for our region has reversed reductions where the income drop hadn’t lasted a full year or the evidence didn’t show how long it would last. A temporary job loss can support a temporary reduction, not a permanent one.

Voluntary pay cuts backfire. If you quit or take a lower-paying job by choice, expect the court to count the income you could be earning (“imputed income”), not what you’re actually making. Getting fired for your own misconduct can lead to the same result.

Raises count too. A significant increase in the paying parent’s income can, by itself, justify more support.

When a child turns 18

Current child support generally ends at 18, unless the order or an agreement says otherwise. It can continue up to 19 for a dependent child who is still in high school, performing in good faith and expected to graduate before turning 19. Back support already owed doesn’t go away.

Changing alimony

Since 2023, Florida law lists four forms of alimony: temporary, bridge-the-gap, rehabilitative and durational. Permanent alimony isn’t one of them.

Bridge-the-gap: can't be modified, in amount or length.
Rehabilitative: can be modified or ended on a substantial change, if the rehabilitative plan isn't followed, or if the plan is completed before the award's term runs out.
Durational: the amount can be modified or ended on a substantial change. Its length can change only in exceptional circumstances, and an extension takes clear and convincing evidence.

Bridge-the-gap and durational alimony end on either party’s death or the recipient’s remarriage.

The general test. The change must be substantial, not contemplated when the judgment was entered, and sufficient, material, involuntary and permanent, and it must have happened after the last alimony order. Even then, a change in need or ability to pay doesn’t automatically mean a new amount; the court weighs the fairness of the whole situation. Voluntarily leaving a job when your income is expected to recover won’t support a permanent reduction, though a good-faith career change can support a temporary one while you get established.

Supportive relationships. If the recipient is in a “supportive relationship” with someone he or she isn’t related to, the court must reduce or end alimony, but only on specific written findings. The paying spouse must prove the relationship existed within the 365 days before the petition was filed; then the burden shifts to the recipient to prove alimony shouldn’t be reduced or ended. The relationship doesn’t have to be sexual, and the court still looks at the recipient’s actual needs. A new live-in partner doesn’t end alimony automatically. It’s a reason to file.

Retirement. Under the 2023 law, a court can reduce or end alimony on written findings that the payor has reached normal retirement age (as Social Security defines it) or the customary retirement age for his or her profession, and has retired or taken real steps to retire. The payor first has to show retirement reduces his or her ability to pay; then the recipient must prove alimony should continue. A payor can file up to six months before a planned retirement. Before the 2023 law, the appeals court for our region said a payor shouldn’t choose voluntary retirement if it puts the receiving spouse in peril of poverty, and the statute now requires the judge to weigh the recipient’s needs and the economic impact a reduction or termination would have on him or her.

Older permanent alimony awards. If your permanent alimony judgment was entered before July 1, 2023, get advice before you act. The 2023 alimony statute applies to initial divorce and support cases pending or filed on or after July 1, 2023, and your existing order stays in force until a court changes it. Permanent alimony has always been modifiable unless that right was specifically waived, but how all of the 2023 changes, including the retirement rules, apply to older permanent awards isn’t fully settled.

File promptly: the clock starts when you file

A new support or alimony amount can generally reach back only to the date the modification petition was filed, not the day you lost your job. Support that came due before you filed generally can’t be wiped out, and past-due alimony is “vested,” meaning it belongs to the recipient and can’t be erased after the fact. And yes, you can ask for a reduction even if you’re behind.

Pro Tip: Every month you wait is a month you may owe at the old rate, no matter what happened to your income. If your situation has changed, talk to a lawyer now, not after the arrears pile up.

Keep paying and keep following the schedule

Filing doesn’t change anything by itself. The current order stays in force until a new one is entered, so:

If you aren't being paid support or alimony, you still can't withhold the child's time-sharing.
If you're being denied time-sharing, you still must keep paying court-ordered support or alimony.
Denying court-ordered time-sharing can bring make-up time for the other parent, attorney's fees and contempt.
Missed payments through the depository become judgments with interest, and in a contempt hearing the original order creates a presumption that you're able to pay.

Don’t count on a temporary change while the case is pending, either. The law on that isn’t settled, so plan on the current order controlling until the end.

DO:

DON’T:

If the other side is the one ignoring the order, our enforcement and contempt guide explains your options.

Military parents and deployment

Our circuit has a lot of military families, and Florida law protects deploying parents. A court may not consider a parent’s past or possible future deployment in deciding the child’s best interests. From the time a parent gets notice of deployment until the deployment ends, a court can’t enter a permanent custody order without the deploying parent’s consent; a deployment order must be labeled temporary and end after the parent returns, and it can adjust child support in the meantime. A deploying parent must notify the other parent within 7 days after getting notice of deployment, with some exceptions. Our military divorce guide goes deeper.

How a modification works in the 14th Circuit

1. File the supplemental petition with specific facts.
2. Serve the other side. Our circuit's Standing Family Law Pre-Trial Court Order expressly covers modifications, and the petitioner must serve it with the summons and petition.
3. Exchange financial disclosure within 45 days after the respondent is served. If support or alimony is at issue, that includes a sworn financial affidavit, which can't be waived. Each side must also turn over every written agreement the two of you signed since the order being changed.
4. Take the parenting course if required. Statewide, the court may require it before entering a modified parenting plan, and our circuit's standing order says it's required when there are minor children. Expect it, and confirm with your assigned division.
5. Mediate. Mediation is required in family cases in our circuit, and the first session is supposed to happen within 60 days of the order directing it. If there's a domestic violence injunction or a history of violence, the court can waive mediation or add safeguards. If you're in danger, call 911. The Florida Domestic Violence Hotline is 1-800-500-1119.
6. Final hearing. If you settle, the agreement goes to the judge for approval. If not, the judge hears the evidence and decides. A child support guidelines worksheet must be filed at or before any hearing to modify support.

Frequently asked questions

I filed for a reduction. Can I start paying the lower amount now?

No. The current order controls until the judge enters a new one. Paying less on your own risks arrears, interest and contempt.

I lost my job. Will my child support go down?

It depends on why and for how long. An involuntary, permanent drop can justify a reduction; a temporary one may support only a temporary reduction. Either way, file promptly.

My ex's new partner moved in. Does my alimony end?

Not automatically. You'd have to prove a supportive relationship in court. If you prove one, your ex then has the burden to prove alimony shouldn't be reduced or ended, and the court still looks at his or her actual needs.

Can the property division be changed later?

Generally no. A pure property settlement can't be modified without both parties' consent.

Will my deployment be held against me?

Not under Florida law. A court may not consider a parent's past or possible future deployment in deciding a child's best interests. But "deployment" has a specific legal meaning (orders for less than 18 months that don't let the family come along), so a PCS move is generally handled under the relocation rules instead.

Final Thought

Your court order was written for the life you had when it was entered. When that life changes in a big way, the law gives you a way to ask for a new one. It doesn’t give anyone the right to change it on their own.

The people who come through a modification best usually kept following the order, kept good records and filed promptly. If your situation has changed, or your ex wants a change you don’t think is fair, let’s talk.

You’ve got this. And I’ve got your back.

Justin Andersson, Esq.
Your 850 Divorce Lawyer
Justin Andersson, P.A. | 435 W. Oak Avenue, Panama City, FL 32401
Serving Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties, in person or by video.

Questions? Call (850) 871-7397 or visit www.850divorcelawyer.com.

This article is provided for general informational and educational purposes about Florida law and 14th Judicial Circuit procedures as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every modification turns on its own facts, the wording of the existing order and, in parenting cases, the best interests of the particular child.

Florida law referenced: Sections 61.046, 61.08, 61.13, 61.13001, 61.14, 61.183, 61.21, 61.30, 61.703, 61.709, 61.713, 61.733, 61.745, 61.747 and 742.06, Florida Statutes; Florida Family Law Rules of Procedure 12.070, 12.110, 12.140, 12.285 and 12.740; Fourteenth Judicial Circuit Administrative Order 2022-00-07.