At Adams, Luka, & Benton P.A., our Orlando family law attorneys recognize that life rarely remains static. Circumstances evolve, careers change, children grow, and financial realities shift in ways that can make existing family court orders impractical or unfair. Florida law allows for post-judgment modifications to court orders when substantial changes occur. These modifications can apply to alimony or spousal support, child custody or time-sharing arrangements, and child support obligations.
Our firm has represented countless clients throughout Central Florida who needed to modify existing family law orders. Whether you have experienced a job loss, a change in income, a relocation, or a shift in your child's needs, we provide strategic guidance and strong advocacy to help you pursue the necessary legal changes. Family law modifications are often complex and emotionally charged, requiring both sensitivity and precision. At Adams, Luka, & Benton, we take the time to understand your situation, evaluate your options, and build a plan tailored to your specific goals.
Post-Judgment Modifications Under Florida LawA post-judgment modification is a formal request to the court to alter an existing family law order. Once a divorce decree, custody agreement, or support order is entered, it remains legally binding until a judge modifies it. Florida law does not permit informal changes between parties to replace court orders. Even if both parties agree to adjust payments or parenting time, the modification must be approved by the court to become legally enforceable.
The need for modification can arise in many situations. A parent may experience a significant loss of income due to layoff or illness, or one parent may relocate for work, affecting existing time-sharing arrangements. A child's medical or educational needs may change, requiring a different custody structure or financial support plan. Similarly, an ex-spouse receiving alimony may remarry or begin earning substantially more, making the original support order outdated.
In every case, Florida courts require that the requesting party demonstrate a substantial, material, and unanticipated change in circumstances since the original order was issued. This ensures that modifications are not sought frivolously but only when a genuine and lasting change has occurred.
Modification of Alimony and Spousal SupportAlimony, also known as spousal support, is intended to provide financial stability for one spouse after divorce. Courts consider many factors when awarding alimony, such as the length of the marriage, the standard of living during the marriage, and each spouse's earning capacity. However, financial circumstances can change dramatically after a divorce, leading one party to seek an adjustment.
If you are paying alimony and have suffered a loss of employment, reduced work hours, or a serious health condition that limits your ability to earn income, you may be eligible to request a modification. Likewise, if you are receiving alimony and your former spouse has experienced a substantial increase in income, you may have grounds to request higher payments.
On the other hand, alimony may also be reduced or terminated if the recipient's financial situation improves significantly. For example, if the receiving spouse secures a well-paying job, begins cohabiting in a supportive relationship, or remarries, the paying spouse may petition the court for relief. Florida law recognizes that continuing support under those circumstances may no longer be fair or necessary.
Our Orlando family law attorneys carefully analyze each client's financial situation to determine the likelihood of success in seeking or defending against an alimony modification. We gather evidence of income changes, employment records, and financial statements to present a comprehensive and persuasive argument to the court.
Because every case is unique, we approach alimony modification matters with sensitivity and precision. Whether you are seeking relief from an unmanageable payment or pursuing a fair increase, our firm will help you present a strong case grounded in the law and supported by clear evidence.
Modification of Child Custody and Time-SharingFew matters in family law are as sensitive or emotionally complex as child custody modifications. Florida courts place the best interests of the child above all else when considering requests to modify time-sharing or parental responsibility. To secure a change, the parent seeking modification must show that there has been a substantial and unanticipated change in circumstances and that the proposed modification will serve the child's welfare.
Common situations that lead to custody or time-sharing modifications include a parent's relocation, a change in a parent's ability to provide a stable home, or evidence that the child's current environment is unsafe or unhealthy. For example, if a parent must move for employment and the existing parenting plan becomes impractical, a court may consider revising the arrangement. Likewise, if one parent develops a substance abuse issue, fails to meet the child's educational or emotional needs, or exposes the child to harm, the other parent may seek to modify custody to ensure safety and stability.
In other cases, a child's growing age or evolving needs can make a modification appropriate. For instance, as children mature, their schooling or extracurricular commitments may require adjustments to the existing schedule. Courts may also consider the child's own preferences, depending on their age and maturity, when evaluating whether a modification serves their best interests.
Our attorneys understand that custody modification cases are deeply personal and can strain even cooperative relationships. We approach these cases with compassion while maintaining a firm commitment to protecting the rights and interests of our clients and their children. When appropriate, we pursue negotiated solutions that minimize conflict, but we are fully prepared to advocate assertively in court when necessary.
Modification of Child SupportChild support ensures that both parents share financial responsibility for their children's care, education, and daily needs. Florida's child support guidelines are designed to promote fairness based on each parent's income and the time they spend with the child. However, because financial and family circumstances change, child support orders sometimes need to be revisited.
A substantial change in financial circumstances can justify a modification of child support. For example, if one parent's income increases significantly due to a new job or promotion, the other parent may request a recalculation to reflect the new financial reality. Conversely, if the paying parent experiences a major loss of income that is involuntary and ongoing, a downward modification may be appropriate.
Changes in the child's needs may also warrant modification. If the child develops medical conditions requiring additional care or expenses, the court may increase support payments. Likewise, as children enter private school or require tutoring, new costs can create grounds for adjustment.
Florida law also allows modifications if the existing order deviates substantially from the amount calculated under the state's child support guidelines, typically by more than 15 percent or $50 per month, whichever is greater. However, the court will not alter support simply because one parent believes the amount is unfair; the change must be backed by clear and measurable evidence.
Our firm assists clients on both sides of child support modification cases. We review income documentation, employment records, tax returns, and other financial data to ensure the court has a full and accurate picture of the parties' circumstances. We also handle enforcement matters for clients whose ex-spouses fail to comply with modified orders, ensuring that their children continue to receive the support they deserve.
Why Court Approval is EssentialIt is not uncommon for parents or former spouses to make informal agreements regarding changes in support or visitation. While these private arrangements may seem convenient, they are not legally enforceable unless approved by the court. Problems often arise when one party later denies that any agreement existed or refuses to comply with its terms.
For example, if a parent informally agrees to lower child support payments but fails to obtain court approval, the paying parent remains legally responsible for the original amount. Missed payments can quickly accumulate as arrears, resulting in legal consequences such as wage garnishment, driver's license suspension, or even contempt of court. Similarly, informal changes to time-sharing schedules can lead to confusion or disputes about custody and visitation rights.
To avoid these pitfalls, it is essential to seek legal modification through proper judicial channels. The process begins with filing a petition for modification, accompanied by evidence supporting the change. Both parties will have an opportunity to present their cases, and the judge will determine whether the requested modification meets the legal standard.
Our attorneys at Adams, Luka, & Benton handle every step of this process with diligence and care. We prepare the necessary documentation, represent you in negotiations or mediation, and advocate for your interests in court. By ensuring that any changes are properly approved, we protect you from future disputes and ensure that your legal obligations and rights remain clear.
The Importance of Skilled Legal GuidanceFamily law modifications require more than just paperwork. They demand a deep understanding of Florida statutes, case law, and judicial discretion. Judges have significant leeway in deciding whether a modification is warranted, and the outcome often depends on how effectively the facts are presented.
An experienced attorney can help you identify the most compelling evidence, such as employment records, medical documentation, or proof of living condition changes. They can also anticipate potential challenges from the opposing party and craft persuasive arguments that align with the legal standards governing your case.
At Adams, Luka, & Benton, we believe in proactive advocacy. Our attorneys approach each modification case with the same level of preparation and commitment as any other major legal proceeding. We work closely with financial experts, counselors, and other professionals when necessary to present a complete and credible case on your behalf.
Compassionate Representation for Complex Family ChangesWe understand that seeking a modification is rarely easy. It often comes after significant life changes such as job loss, illness, relocation, or other personal transitions. These events can create uncertainty and stress, particularly when children are involved. Our goal is to provide both legal and emotional support as we guide you through the process.
We take the time to listen to your concerns, explain your options, and develop a strategy that prioritizes your family's stability and well-being. Whether you are seeking to modify alimony to reflect your new financial reality, adjust custody to better serve your child's needs, or revise child support to ensure fairness, our attorneys will stand by your side every step of the way.
Our team believes in solutions that promote long-term harmony whenever possible. While we are skilled negotiators who often reach resolutions outside the courtroom, we are equally capable litigators prepared to protect your rights before a judge if necessary.
Protect Your Rights When Circumstances ChangeLife never stands still, and neither should your family law orders when circumstances change. What was once fair or appropriate may no longer reflect your current reality. The attorneys at Adams, Luka, & Benton are dedicated to helping you pursue the modifications you need with professionalism, compassion, and an unwavering focus on results.
We have earned a strong reputation throughout Central Florida for our integrity, thorough preparation, and effective advocacy in family law matters. We know that each client's story is unique, and we approach every case with personalized attention and respect.
If you believe that your current alimony, child custody, or child support order no longer fits your family's needs, contact us today for a confidential consultation. Call to speak with our experienced Orlando modification firm and learn how we can help you move forward toward a fair and lasting resolution.
At Adams, Luka, & Benton, we are here to protect your family's best interests, ensure that your rights are preserved, and help you adapt to life's inevitable changes with confidence and peace of mind.