Modification

Tampa Divorce Modification Lawyer

Interested in Changing the Terms of Your Divorce Order?

When spouses divorce, agreements and court orders are established regarding parental responsibility, child custody, visitation, child support, and perhaps alimony. As time passes, the circumstances that existed at the time of the original divorce may change, and this may make it appropriate to modify the terms of the original agreement or court order.

At Givens Law Group, we understand that life rarely stays the same after a divorce. Circumstances change—sometimes dramatically—and the terms of your original divorce decree may no longer work for you or your family. Whether you are seeking to modify child custody, child support, alimony, or another family court order, our experienced Tampa divorce modification attorneys are here to help you pursue a fair and practical solution.

Call (813) 328-6159today to schedule a confidential consultation with an experienced Tampa divorce modification lawyer.

What is Modification?

A modification refers to a legal process in which one or both parties request changes to an existing family court order. These orders are typically related to divorce, such as custody arrangements, visitation schedules, child support, or alimony.

In Florida, modifications are not granted lightly. Courts generally require a substantial, material, and unanticipated change in circumstances before altering a final judgment. The goal is to ensure that modifications are made only when truly necessary, while still protecting the best interests of children and respecting the rights of both parties.

Common reasons for seeking a modification include job loss, relocation, remarriage, health issues, or changes in a child’s needs.

Common Types of Modifications

Our Tampa divorce modification attorneys assist clients with many types of changes to family court orders, including:

Child Custody & Timesharing Modifications

Parenting plans and timesharing schedules are designed to prioritize the child’s best interests. However, if one parent relocates, if the child’s needs evolve, or if a parent’s lifestyle changes significantly, a modification may be necessary. Florida courts will only approve modifications if they serve the child’s best interests.

Child Support Modifications

Child support orders are based on the financial circumstances of both parents at the time of the divorce. If one parent experiences a significant increase or decrease in income, loses employment, or faces unexpected expenses for the child (such as medical or educational needs), child support may be adjusted.

Alimony Modifications

Spousal support can also be modified if either party’s financial situation changes substantially. For example, if the receiving spouse remarries, cohabitates with a new partner, or becomes financially independent, alimony may be reduced or terminated. Conversely, if the paying spouse loses income or suffers from health issues, they may seek to lower their obligation.

Relocation Requests

When one parent wants to move with a child more than 50 miles away, Florida law requires either the other parent’s consent or court approval. A relocation request is often considered a form of modification since it directly impacts the parenting plan and visitation rights.

How to Modify a Family Court Order in Florida

Modifying a divorce decree in Florida involves several legal steps, and success depends on demonstrating a substantial change in circumstances. At Givens Law Group, our Tampa divorce modification lawyers guide clients through this process:

  1. Determine Eligibility for Modification: Courts require proof that the change is substantial, material, involuntary, and unanticipated. For example, a voluntary reduction in income (such as quitting a job) typically does not qualify.
  2. File a Petition for Modification: The requesting party must file a petition with the court detailing the specific order they want changed and the reasons for the request.
  3. Serve the Other Party: The other party must be formally notified and given the opportunity to respond to the petition.
  4. Negotiation or Mediation: Many modification cases are resolved through negotiation or mediation, which can save time and reduce conflict. Our attorneys work to achieve favorable agreements outside of court when possible.
  5. Court Hearing: If the parties cannot agree, the court will hold a hearing where both sides present evidence. The judge will decide whether the modification should be granted based on Florida law and the evidence presented.

Because the process can be complex and emotionally charged, it is crucial to have an experienced Tampa divorce modification lawyer advocating for your best interests.

Modification FAQs

When can I request a modification?

You may request a modification whenever there is a substantial, material, and unanticipated change in circumstances, such as a significant shift in income, relocation, or a child’s changing needs.

Can we agree on a modification without going to court?

Yes, if both parties agree to the modification, you can submit your agreement to the court for approval. The court must still ensure the modification complies with Florida law and serves the child’s best interests.

Can child support be increased or decreased?

Yes. Either parent may request a change in child support if there is a substantial change in income, expenses, or the child’s needs.

What if my ex-spouse refuses to follow the court order?

If your former spouse fails to comply with a court order, enforcement—not modification—may be the proper course of action. Our attorneys can help you pursue enforcement actions when necessary.

How long does the modification process take?

The timeline varies depending on whether the modification is contested. Uncontested modifications may be approved quickly, while contested cases can take several months.

Why Choose Givens Law Group?

At Givens Law Group, we have decades of experience helping families in Tampa navigate the complexities of family law. We know that divorce decrees are not always permanent solutions, and we are committed to helping our clients adapt to life’s changes with compassion and skill.

Our attorneys provide:

  • Skilled advocacy in contested and uncontested modifications
  • Guidance through mediation and negotiation
  • A personalized approach tailored to your family’s unique needs
  • A strong courtroom presence if litigation is necessary

If your circumstances have changed and you believe your divorce decree no longer works for you or your family, don’t wait to take action. The sooner you begin the modification process, the better positioned you will be to protect your rights and your children’s best interests.

Contacta Tampa modification attorney at Givens Law Group to discuss modification of your divorce agreement or order.

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  • Our family of attorneys is dedicated to our clients and believe they should all be supported like family.

  • We believe that all family law issues should be resolved in a fair and timely manner. 

  • Our firm uses our decades of experience to provide your family with the knowledge and expertise that you deserve.

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At Givens Law Group, your family is our family. As such, we promise to fight for each client and voraciously protect their best interests.
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