Post Judgment Modifications in Florida

Updating Your Court Orders When Life Changes

A Final Divorce Decree, Child Support Order, or Parenting Plan are all legally binding, but may not be permanently set in stone. Life changes, children grow up, and financial situations shift. When your current legal arrangements no longer fit your family’s current situation, Florida law allows you to formally request a Post-Judgment (Supplemental) Modification.

To change an existing Court Order, you cannot simply ask the Court for something new because you want it. The law requires you to demonstrate a substantial and material change in circumstances since the Original Order was entered, and that the proposed change serves the best interests of your child and is otherwise justified under Florida law.

One important note: Property Division from your Original Divorce Decree is generally final and cannot be revisited through a Modification. Modifications apply to ongoing obligations, Support, Alimony, and Parenting Arrangements, and not to how assets were divided at the time of divorce.

Supplemental Petitions for Modifications

Modifying an Order requires filing a formal legal action called a Supplemental Petition for Modification. This is not a simple form, it is in fact a Lawsuit that requires meeting a specific legal threshold and presenting a compelling case to the Court.

Melissa Waldinger is experienced in filing Supplemental Petitions for Modification of Time-Sharing, Child support, and Alimony. She will make sure your paperwork is filed correctly, your evidence is organized, and your family’s changing needs are fully protected.

Modifying Time-Sharing and Parenting Plans

As children grow, their needs change. A schedule that worked when a child was five (5) years of age, may not work when they are fourteen (14)  and are in high school with their own activities, friendships, and preferences. A Court may modify a time-sharing schedule under many circumstances, a few named below:

1. A parent’s work schedule permanently changes, making the current routine unworkable
2. A parent is experiencing substance abuse or mental health issues that put the child at risk

Modifying Child Support

Child support can be adjusted upward or downward when there is a significant shift in either parent’s financial situation. Some reasons may include:

1. Permanent job loss or a significant involuntary reduction in income
2. A substantial increase in income, promotion, new job, for either parent
3. A major shift in the time-sharing schedule, such as a child moving in with one parent full-time

Note: Florida courts can also modify child support retroactively, which means back to the date the Original Petition was filed, not the date of the hearing. Filing promptly matters.

Modifying Spousal Support (Alimony)

Alimony can be reduced or terminated depending upon the specific terms of your Original Divorce Decree and the type of alimony awarded. Common grounds include:

1. The paying spouse suffers severe financial hardships such as job loss, serious illness, or reaching retirement age
2. The receiving spouse remarries
3. The receiving spouse enters into a cohabitating/supportive relationship that resembles marriage, even without a legal remarriage
4. Your Original Divorce Decree has you paying permanent Alimony and you have grounds to stop paying as the Law/Statute changed in 2023 abolishing Permanent Alimony

What Happens If Your Ex Is Not Following the Court Order

Modification and Enforcement are two separate and different things. If your ex is simply not complying with an existing order and is missing payments, such as violating the Parenting Plan, refusing to follow agreed terms, it is possible you may just need an enforcement action. In this case the Courts can amongst other things:

1. Garnish Wages and intercept tax refunds for unpaid support
2. Make a Contempt Findings, which can result in fines and jail time
3. Find for Make-up Time-Sharing for Parenting Time
4. Assess Attorney’s fees against the non-compliant party

If your ex is not following the order, contact Melissa as soon as possible. The longer violations go unaddressed, the harder they can be to remedy.

Why Hire Melissa Waldinger for Your Post-Judgment Matter

Life after a divorce does not always go as planned. Whether you need to modify an order that no longer fits your family’s reality or enforce one that your ex is ignoring, Melissa Waldinger has the experience to handle both sides of Post-Judgment Proceedings. She has practiced Florida family law since 2001 and handles Modification and Enforcement matters throughout Boca Raton, Fort Lauderdale, and Fort Myers.

You will always speak directly with Melissa — not a paralegal or an assistant — and she is reachable by cell to every client she represents.