Modifying Alimony or Child Support under Florida Law: A Comprehensive Guide

By Attorney/Mediator Beth Reineke 

Family law matters can be complex and ever-evolving, particularly when it comes to issues of alimony and child support. Life circumstances change, and what may have been suitable at the time of a divorce or separation might not align with the present reality. In Florida, modifying alimony or child support orders is possible, by agreement or court order. However, if you can’t reach an agreement the process involves specific legal requirements that must be navigated carefully. In this guide, we'll explore the key aspects of modifying alimony or child support under Florida law.

Grounds for Modification

Before seeking a modification, it's essential to understand the valid reasons recognized by Florida law for altering alimony or child support orders. Generally, modifications are considered when there has been a substantial and unanticipated change in circumstances that impacts the financial situation of one or both parties involved.

For alimony, such changes might include:

1. Change in Income: If either the paying spouse (obligor) or the receiving spouse (obligee) experiences a significant change in income, such as job loss, reduction in income, or a substantial increase in earnings.
2. Change in Marital Status: If the obligee remarries or enters into a supportive relationship, this could impact the need for alimony.
3. Health Issues: Serious health problems that affect the ability to work or maintain the same lifestyle as during the divorce could be grounds for modification.

Similarly, child support orders may be modified due to:

1. Change in Income: A substantial change in either parent's income can impact child support calculations.
2. Child's Needs: If the child's needs have significantly changed, such as increased medical expenses or educational requirements, a modification might be warranted.
3. Parenting Time Changes: Adjustments to the parenting time arrangement may lead to adjustments in child support, as the financial responsibilities of each parent could change.

The Modification Process

In Florida, if the parties cannot reach an agreement at mediation, the legal process of modifying alimony or child support typically involves the following steps:

1. Petition for Modification: The party seeking the modification must file a petition with the court that issued the original order. This document outlines the reasons for the requested modification and provides evidence to support the claim of a substantial change in circumstances.
2. Service of Process: The petition must be served to the other party, who then has the opportunity to respond and present their perspective on the proposed modification.
3. Financial Disclosure: Both parties are required to provide updated financial information, including income, expenses, and assets. This information is essential for the court to make an informed decision.
4. Mediation: In many cases, mediation is required before the court will hear the modification case. As a Supreme Court Certified Florida divorce mediator, I highly recommend pursuing mediation prior to filing a petition to modify to see if an agreement can be reached, thereby saving both time and costs.
5. Court Hearing: If an agreement is not reached through mediation, the case will proceed to a court hearing. Each party presents their case, and the court evaluates the evidence and arguments to determine whether a modification is warranted, and then the court makes a decision and enters a new order outlining whether there will be changes to alimony or child support.