Modifications
Post-Divorce & Custody Modifications
Life Doesn’t Stop Changing, Neither Should Your Court Orders
Court orders aren’t set in stone. We help you adapt them, with clarity, strategy, and a steady hand. When you finalized your divorce, custody plan, or support order, it reflected what life looked like then. But what about now?
Maybe you lost your job. Maybe your child’s needs changed. Maybe your ex isn’t following the plan. That’s when it’s time to talk about a modification.
At Justin Andersson, P.A., we help Florida families legally update their court orders so they stay fair, enforceable, and aligned with real life.
Adapting Parenting Plans to Life
When Can You Modify a Florida Court Order?
Under Florida law (Sections 61.13 and 61.14), you can request a modification if there’s been a “substantial and material change in circumstances.” For a parenting plan or time-sharing schedule, the change must also be in the child’s best interests, and since July 1, 2023, it no longer has to be “unanticipated.” For child support and alimony, courts also look at whether the change is involuntary and permanent (and, for alimony, whether it was contemplated when the order was entered).
That might include:
- Job loss, major raise, or new employment
- Change in a child’s health, schedule, or education
- A parent moving (especially 50 miles or more)
- Safety concerns or violations of a parenting plan
- Refusal to follow the timesharing schedule
- Military deployment (during a deployment the court generally may enter only temporary custody orders, and a parent's past or possible future deployment may not be considered in deciding the child's best interests) or relocation, including a PCS move
- A remarriage or other major change in family structure (but a later-born child cannot be used to lower existing child support)
We’ll help determine whether your situation qualifies, and how to present it to the court effectively.
Protect Your Rights Through Changes
What If the Other Parent Won’t Agree?
If both parties agree to the change, we can draft a Supplemental Agreement and file it with the court for approval.
If not, we file a Supplemental Petition to Modify and request a hearing. We’ll prepare your evidence, financial disclosures, and all supporting documentation, and represent you throughout the process.
What Can Be Modified?
Child Custody & Timesharing
If your current parenting plan no longer works, you can request changes to reflect:
- School or activity conflicts
- Age-based schedule changes
- New living situations
- Parental interference or missed visitation
- Relocation needs
The court will revisit the best interests of the child, not just parental convenience.
Child Support
You can seek an increase or decrease in support due to:
- Income changes (one way to show the change is big enough: the guidelines amount, run with current information, differs from the current order by at least 15% or $50, whichever is greater)
- Job loss or disability (a voluntary pay cut or voluntary retirement generally will not lower child support)
- Changes in timesharing
- New expenses for the child (medical, education, etc.)
We use Florida’s Child Support Guidelines and push for full disclosure of all income.
Alimony / Spousal Support
Spousal support can be modified if:
- The paying party has a substantial income change
- The recipient remarries (which ends durational and bridge-the-gap alimony by law) or enters a supportive relationship
- The paying party retires, or either party experiences major health issues
Note: Bridge-the-gap alimony is not modifiable, but others (like durational or rehabilitative) may be.
Common Misunderstandings
Common Misconceptions
-
“I lost my job; I don't have to pay support."
- False. You must file for modification or you remain liable under the current order.
-
"They're not following the schedule, so I'm withholding child support."
- Dangerous. Child support and custody are legally separate issues. Withholding payment can backfire.
-
"We made a new plan verbally, so we're fine."
- Not safe. Only written and court-approved modifications are enforceable.
A quick reference from Justin Andersson, P.A.: Your 850 Divorce Lawyer
When to Modify a Family Law Court Order
You may be eligible for a legal modification if:
01
Custody / Timesharing Changes:
- Your work schedule has changed
- Your child’s school or activity schedule has changed
- A parent has moved (or plans to move) 50 miles or more away (a planned move of at least 50 miles for at least 60 consecutive days generally must go through Florida's relocation process: a written agreement or a petition to relocate)
- The other parent is not following the Parenting Plan
- There are new safety, health, or behavioral concerns
- The child is older now and needs a new routine
- There’s a major change in family structure (e.g., new marriage)
02
Child Support Changes:
- You lost your job or took a pay cut through no fault of your own
- You got a significant raise
- The other parent’s income has changed
- Timesharing has shifted since the last order
- The child has new needs (e.g., medical, educational, therapy)
- You had another child or family responsibility (a later-born child can be raised only to oppose an increase, not to lower existing support)
- It's been 3+ years since the last support calculation (time alone is not a change, but in Department of Revenue cases a review can update support if the guidelines amount differs by at least 10% and at least $25)
03
Alimony / Spousal Support Changes:
- The recipient has remarried (which ends durational and bridge-the-gap alimony) or entered a supportive relationship
- The paying party has retired or lost income
- Health issues have changed either party's finances
- The original purpose of support (e.g., rehab plan) has been met or is no longer needed
04
You may need a modification even if:
- The other party verbally agreed to changes
- You're still following the order out of fear of conflict
- Your current situation is very different from what’s written
- You're afraid to bring it up because it’s been working “ok enough”
- The court order is years old and no longer makes sense
05
What You’ll Need:
- Recent pay stubs, tax returns, or proof of income
- Any written communications showing schedule changes
- School reports, medical updates, or child-related records
- A copy of your current court order
- Any prior agreements (filed or unfiled)
06
Remember:
Verbal changes are not legally binding.
Only a court-approved modification can protect your rights and make the new terms enforceable.
Dedicated to Your Future
WHY CHOOSE JUSTIN ANDERSSON, P.A.?
- Clarity, Strategy, and Real Guidance
- Focused on Divorce & Family Law
- Honest Communication
- Personalized Support
Who We Serve
Proudly Representing Families Throughout the Florida Panhandle
From the coast to the Wiregrass line, we provide trusted legal representation in:
Bay County
(Home Base)
- Panama City
- Panama City Beach
- Lynn Haven
- Callaway
- Mexico Beach
- Springfield
- Parker
Surrounding Areas
- Jackson County
- Marianna
- Graceville
- Sneads
- Gulf County
- Port St. Joe
- Wewahitchka
- Calhoun County
- Blountstown
- Altha
- Washington County
- Chipley
- Vernon
- Holmes County
- Bonifay
- Ponce de Leon
Wider Northwest
Florida & Panhandle Region
- Walton County
- Defuniak Springs
- Freeport
- Santa Rosa Beach
- Okaloosa County
- Fort Walton Beach
- Crestview
- Niceville
- Santa Rosa County
- Milton
- Navarre
- Escambia County
- Pensacola
- Cantonment
- Gulf Breeze
Whether you live in Panama City or commute in from across the Panhandle, we offer virtual consultations, flexible scheduling, and personalized legal support from a team that understands Northwest Florida values.
Ready to take the next step?
Schedule a Consultation
PHONE
Want clear answers now? Get the free guide I wrote to help clients like you navigate divorce in the 850.