Divorce agreements in Florida, like in many other states, are legally binding documents that outline the terms of a divorce. These agreements may cover various aspects, such as property division, child custody, child support, and alimony. However, life circumstances often change, and situations that were once fair and appropriate may no longer be suitable. In such cases, many individuals wonder if they can modify their divorce agreement.

The short answer is yes, you can modify certain parts of your Florida divorce agreement. However, the process and legal requirements for modifying a divorce agreement depend on the specific issue you are seeking to change, such as child custody, child support, or alimony. Below, we will discuss how and when modifications can be made, the legal requirements involved, and what factors the court will consider when making these modifications.

Modifying Child Custody in Florida

Child custody, or more specifically, time-sharing arrangements, can be modified after a divorce if there has been a substantial change in circumstances. However, Florida law sets a high standard for modifying custody arrangements. You cannot simply request a change because you are unhappy with the current arrangement; there must be a material change that justifies the modification.

When Can Child Custody Be Modified?

Under Florida law, the court will consider modifying child custody or time-sharing arrangements if:

1. There Has Been a Substantial Change in Circumstances
   Florida courts will only modify a custody arrangement if there has been a significant and substantial change in circumstances since the original order. For example, a parent might request a modification if their ex-spouse has developed a substance abuse problem, if the child has been experiencing health or emotional issues related to the current custody arrangement, or if one parent is moving far away, affecting the time-sharing plan.
2. The Modification is in the Best Interests of the Child
   In Florida, the primary focus when determining custody is the best interests of the child. The court will not modify a custody arrangement unless the proposed change is in the child’s best interest. Factors such as the child’s relationship with each parent, the child’s adjustment to their living environment, and the ability of each parent to meet the child’s needs are considered.
3. The Change Has Been Ongoing for a Significant Period of Time
   For a modification to be considered, the substantial change must not be a short-term occurrence. For example, if one parent’s work schedule changes temporarily or a child experiences a brief period of illness, the court is unlikely to modify custody.

How to Modify Child Custody in Florida

To modify a child custody or time-sharing arrangement, the parent seeking the modification must file a petition with the court. The petition must explain the substantial change in circumstances that justifies the modification and provide evidence to support the claim. After the petition is filed, a hearing will be scheduled, and both parents will have an opportunity to present their case.

If both parents agree to the modification, they can submit a stipulation to the court, which is essentially an agreement outlining the changes to the custody arrangement. If both parties do not agree, the court will decide the matter after considering the evidence and testimony.

Modifying Child Support in Florida

Child support in Florida is determined based on a set of guidelines established by the state, which take into account factors such as the parents’ incomes, the child’s needs, and the time-sharing arrangement. However, there are circumstances where child support can be modified.

When Can Child Support Be Modified?

1. There Has Been a Substantial Change in Circumstances
   Child support can be modified if there is a substantial change in either parent’s financial situation. This might include a significant change in income due to job loss, a promotion, or a change in the needs of the child, such as increased medical expenses or educational needs.
2. A Certain Amount of Time Has Passed
   Florida law allows for a modification of child support if at least three years have passed since the last order or the child support guidelines have changed. In such cases, the court will review the current circumstances and adjust the child support obligation if it deviates from the guidelines by 15% or more.
3. The Child’s Needs Have Changed
   A change in the child’s needs, such as an increase in medical or educational expenses, may justify a modification of child support. Similarly, if the child’s living arrangements change, such as moving from one parent’s home to the other, the court may adjust the child support amount accordingly.

How to Modify Child Support in Florida

To modify child support, the parent seeking the change must file a petition with the court explaining the substantial change in circumstances. The court will consider whether the modification is justified and whether it aligns with the Florida child support guidelines. If both parents agree to the modification, they can submit a joint petition to the court for approval.

Modifying Alimony in Florida

Alimony (spousal support) may also be modified after a divorce, but there are strict guidelines regarding when and how these modifications can occur.

When Can Alimony Be Modified?

1. There Has Been a Substantial Change in Circumstances
   Just like child custody and child support, alimony can be modified if there has been a substantial change in circumstances. This might include a significant change in the financial situation of either spouse, such as the paying spouse losing their job, the receiving spouse becoming self-supporting, or a change in health that affects a spouse’s ability to work.
2. The Original Order Was Based on a Temporary or Short-Term Situation
   If the original alimony order was based on a temporary situation, such as one spouse needing time to finish their education or recover from illness, a modification may be granted once that temporary situation has changed.
3. The Receiving Spouse Has Remarried or Cohabited
   In Florida, alimony may be terminated or reduced if the receiving spouse remarries or begins cohabiting with a new partner in a way that resembles marriage. However, the court must first assess whether the cohabitation or remarriage affects the spouse’s financial needs before deciding on the modification.

How to Modify Alimony in Florida

To modify alimony, the requesting spouse must file a petition with the court. The petition must explain the change in circumstances and provide evidence supporting the request. The court will evaluate the financial circumstances of both spouses, the length of the marriage, the receiving spouse’s need for support, and the paying spouse’s ability to provide support before deciding whether to approve the modification.

Legal Requirements for Modifying Divorce Agreements

In Florida, whether you are seeking to modify child custody, child support, or alimony, the legal process involves:

1. Filing a Petition
   The spouse seeking the modification must file a petition with the court that explains the substantial change in circumstances and the desired change to the original divorce agreement.
2. Evidence
   The party requesting the modification must present evidence to support their claim. This may include financial documents, testimony, or other relevant information that shows how the change in circumstances justifies a modification.
3. Court Approval
   If both spouses agree to the modification, they can submit a joint petition or stipulation for the court’s approval. If the spouses do not agree, a hearing will be scheduled, and the court will make a decision based on the evidence presented.
4. Best Interests of the Child
   For child custody and child support modifications, the court will always prioritize the best interests of the child in its decision-making.

Conclusion

In Florida, it is possible to modify a divorce agreement, but the process requires that there be a substantial change in circumstances. Whether you are seeking a modification of child custody, child support, or alimony, the modification must be based on a valid reason, such as a change in income, needs, or living arrangements. The process involves filing a petition with the court, presenting evidence, and obtaining court approval. If you are considering modifying any part of your Florida divorce agreement, it is crucial to consult with an experienced family law attorney who can guide you through the process and ensure that your rights are protected.