A final judgment may no longer fit a family's circumstances. The first step is to identify what has changed since the controlling order and whether the requested relief concerns support, parenting, or both.
The current time-sharing standard
Section 61.13 requires a substantial and material change and a finding that modification serves the child's best interests. The current statute omits the former “unanticipated” requirement. A new preference for equal time alone does not automatically revise an older order. Fla. Stat. § 61.13(2)(c), (3) (2026).
Create a timeline beginning with the last order. Identify the event, when it occurred, how it affects the child, and the evidence available. Compare the existing schedule with the requested schedule using actual calendars. Repeating arguments from the original case is less useful than explaining the present problem and a practical solution.
Child support changes
When a guideline difference itself is the asserted substantial change, the difference must be at least 15% or $50, whichever is greater. Specified Department of Revenue reviews instead use a difference of at least 10% but not less than $25. A parent’s failure regularly to exercise time-sharing that generated a support adjustment, when not caused by the other parent, is a separate statutory basis for modification. These provisions should not be treated as interchangeable tests for every modification request. Fla. Stat. § 61.30(1)(b)–(c), (11)(c) (2026).
For job loss, gather termination records, applications, interviews, benefits, and current earnings. For a disability, obtain records explaining work limitations and expected duration. A parent opposing reduction should examine whether the income change is genuine and whether the proposed worksheet captures all available income.
Alimony and retirement
Alimony modification depends on the award and the agreement. Bridge-the-gap alimony is nonmodifiable in amount and duration; durational amount and duration have different standards. Under the retirement framework, a qualifying obligor may file in reasonable anticipation of retirement, but no more than six months before retirement. Normal or customary retirement age, demonstrable retirement steps, reduced ability to pay, the parties’ resources, and the statutory burdens and findings all matter. Filing is not permission to stop paying. Fla. Stat. §§ 61.08(6), (8), 61.14(1)(c) (2026).
Bring the signed settlement and every relevant order. Identify provisions concerning modification, termination, and retained jurisdiction. A retirement claim should compare actual expected resources and expenses, while the recipient should document continuing need and available resources.
Timing and evidence matter
An ordinary support modification may be made retroactive to filing as equity requires, but exceptions matter. Under section 61.30(11)(c), modification for failure regularly to exercise qualifying time-sharing is retroactive to when that failure began. Retirement and temporary-support relief also have specific statutory provisions. Obtain advice about the applicable effective date rather than assuming that a later reduction erases earlier arrears. Fla. Stat. §§ 61.14(1)(a), (c), (11), 61.30(11)(c) (2026).
Request appropriate relief promptly and continue documenting compliance. If the other parent informally agrees to a different arrangement, ask how to obtain an enforceable order. Prepare current financial records and a concise comparison with the circumstances underlying the existing judgment. That comparison helps distinguish a legally significant change from ordinary fluctuations or dissatisfaction.
What to bring to a consultation
- The controlling judgment and every modification
- settlement agreements
- records of circumstances then and now
- current finances
- actual overnight calendars
- and employment, health, caregiving, or retirement evidence
When to act promptly
Seek relief promptly where warranted, but continue complying with the operative order unless legally relieved. Informal arrangements do not necessarily replace an enforceable court order.
Contact The Desai Firm at (904) 563-6952 or pd@desaifirm.com to evaluate a modification request or defense.