Lawyers Helping You Resolve Family Law Modification Issues

When couples get divorced, their child custody, child support, parental responsibility and spousal support determinations are all based on their present situation. However, what happens if those situations change months or years after the divorce is finalized?

Are The Arrangements That Were Determined During Divorce Still Relevant?

If there have been major changes in your life, modifications may be appropriate. Likewise, if you think your ex-spouse has experienced major life changes, modifications may be in order. Law Offices of Forrest & Forrest, PLLC, works with individuals throughout South Florida who are interested in modifying their existing custody or support arrangements.

What Constitutes A Major Life Change?

Broward County support modification attorneys must create a picture that compares then versus now: what was a person’s situation during his or her divorce, and what is it like now? Have there been major changes?

Although there is not an exact definition of “major changes,” experienced lawyers know what to look for. Our attorneys help modify custody and support arrangements in response to life changes such as:

• Significant pay raise
• Loss of job
• Disability
• Jail
• Child relocation

To help ensure we understand the full story, we work with a variety of professionals to gain access to all the relevant information.

Florida Post Judgment Modification FAQs

Having comprehensive information about the legal process for modifying orders is crucial. Our answers to the most asked questions aim to help things move smoothly when you engage with Florida’s legal system.

What types of family law orders can be modified in Florida?

Several family law court orders can be modified when substantial, material and unanticipated circumstances change. These include:

• Child support orders
• Time-sharing and parental responsibility determinations
• Alimony arrangements
• Certain property distribution provisions

However, some divorce decrees, particularly those related to property division, generally cannot be modified once finalized unless there was fraud, duress or clerical error.

How do I request a modification of a family law order in Florida?

You must file a Supplemental Petition for Modification with the circuit court that issued the original order. This petition must clearly demonstrate a substantial change in circumstances that was not contemplated when the original order was established.

You will need to file the petition with the other party, and the court will schedule hearings to review your request. Florida law requires specific documentation depending on the type of modification sought, such as financial affidavits for support modifications.

Can both parties agree to modify an order without going to court?

Yes, by submitting a written agreement to the court for approval. The agreement should outline the specific changes with clear language and be signed by both parties. While this approach streamlines the process, the court must still review and approve the agreement to ensure it complies with Florida law and serves the best interests of any children involved.

Is it possible to temporarily modify a family law order?

Florida courts permit temporary modifications in emergencies or when immediate changes are necessary before a full hearing can be conducted. To obtain a temporary modification, you must file a motion explaining the urgent circumstances and why waiting for a full hearing would cause harm. The court may grant temporary relief while the permanent modification petition progresses.

Can the other party contest a modification?

Yes, by filing a written response opposing the changes. When contested, the court will schedule an evidentiary hearing where both sides can present evidence and testimony. The burden of proof remains with the party seeking modification to demonstrate that a substantial change in circumstances exists. Preparation of strong supporting evidence and thorough knowledge of legal standards are particularly important for success.

Contact A Custody Modification Attorney

Whether you think you should be receiving more child support or paying less spousal support, attorneys Daniel Forrest and Paulina Forrest can help. Daniel E. Forrest is board-certified in a wide variety of marital and family law issues. Contact our firm online or call 954-859-1715 to schedule your initial consultation. Our firm has offices conveniently located in Boca Raton and Fort Lauderdale.