We help families throughout Florida navigate contested and uncontested post-judgment modification proceedings for child custody, child support, and alimony
Life can change quickly in the months and years after a divorce or other family law matter is resolved. In Florida, significant changes in your circumstances may justify modifying an existing parenting plan, child support order, or alimony award. Likewise, if your former spouse is seeking to change an existing court order, you have the right to oppose the request.
Many modification cases become contested when the parties disagree about whether circumstances have truly changed or what outcome is in a child’s best interests. That’s when you know it’s time to get legal help.
At Shemtov Hillstrom, our Fort Lauderdale family law attorneys have extensive experience guiding families across Florida through divorce, parenting disputes, and other complex family law matters. When life changes after a final judgment, we’re here to help you pursue practical solutions while protecting your parental rights and financial interests.
Learn more about how we can help you with a modification of a custody or support order in Florida by scheduling a free consultation with Shemtov Hillstrom today.
Life doesn’t stop when a family court enters a final judgment.
When circumstances change, we’re here to help.
Contact Shemtov Hillstrom today for a free consultation.
Hear from Fort Lauderdale families we’ve helped
I can’t thank Carter enough for his help during one of the most stressful times of my life. He guided me through a difficult family situation involving my son and co-parenting with patience, honesty, and professionalism. What I appreciated most was that Carter listened, stayed focused on what mattered, and helped me navigate the process with clarity instead of fear. He was knowledgeable, responsive, and gave me confidence when I felt overwhelmed. I’m truly grateful for his support and would highly recommend him to anyone needing someone they can trust during a challenging legal situation.
care
Tal and Carter are amazing! They are very professional, knowledgeable, and compassionate. They take the time to explain everything in detail and make sure you understand the entire process. Divorce is not easy, but having lawyers who truly care make a big difference. They were always responsive, patient with my questions. I’m very grateful for their support and highly recommend them.
After struggling with multiple lawyers for a low-profile divorce, I felt completely drained—emotionally, mentally, psychologically, and financially. Then I found Tal and Carter through a Facebook recommendation. I needed a lawyer who would take charge and expedite my divorce. Remarkably, they accomplished more in under two months than others did in over a year. They even suggested negotiating outside of mediation to save me money, which I had never experienced before—showing their integrity and commitment to their clients. They were always available for me; I recall one time when Carter took my call while driving to a hearing. Their patience and valuable advice made a significant difference in my case.
Why families across Florida choose Shemtov Hillstrom for modification cases
Customized strategies—not one-size-fits-all solutions
Whether you’re seeking to modify a parenting plan, child support, or alimony—or defending against a requested change—we take the time to understand your family’s unique circumstances, explain your legal options, and develop a strategy tailored to your goals. We don’t believe in cookie-cutter solutions because no two families face the same challenges.
Experienced negotiators. Proven courtroom advocates.
Many modification disputes can be resolved through skilled negotiation, while others require presenting a compelling case before a judge. Tal Shemtov, a former Broward County prosecutor, and Carter Hillstrom, a former assistant state attorney with experience in more than 90 jury trials and 1,000 bench trials, have the experience to effectively advocate for your interests at every stage of the process.
Respectful, discreet representation
Requests to modify parenting plans, child support, and alimony often arise during significant life changes. We understand that these matters can be emotionally difficult and highly personal, which is why we handle every case with sensitivity, confidentiality, and respect. We also proudly provide culturally informed legal guidance for Jewish families navigating divorce and post-judgment matters.
FAQs about modifying a custody or support order in Florida
Yes. Florida courts recognize that life circumstances can change after a divorce or other family law matter is resolved. Depending on the situation, you may be able to modify an existing parenting plan, child support order, or alimony award.
However, the court will not approve a modification simply because one party wants a different outcome.
The party requesting the modification must generally show that a substantial change in circumstances has occurred and satisfy the legal requirements that apply to the specific type of order being modified. For example, parenting plan modifications must also be shown to be in the child’s best interests.
Although every case is different, a substantial change in circumstances generally means a significant, material, and often unanticipated change that affects an existing court order.
Examples may include:
- Relocation
- A significant increase or decrease in income
- Retirement or disability
- Remarriage or divorce that significantly affects financial circumstances
- Changes in a child’s educational, medical, or developmental needs
- Job loss or a substantial change in employment
- A significant change in a parent’s work schedule or availability
- Changes affecting a parent’s ability to care for the child
- A parent’s repeated failure to comply with the existing parenting plan
- Concerns affecting a child’s health, safety, or well-being
Whether a particular change qualifies depends on the specific facts of the case and the type of court order being modified. The court will evaluate each case individually to determine whether a modification is legally justified.
Whether alimony can be modified depends on the type of alimony awarded and the terms of your final judgment or marital settlement agreement. In general, if the parties agreed during the divorce that alimony will be nonmodifiable, it cannot later be changed by the court.
If your divorce was finalized before Florida’s 2023 alimony law changes, the type of alimony awarded may also affect whether modification is permitted.
For example, some forms of alimony available under prior Florida law, such as durational alimony, can potentially be modified, while others, such as bridge-the-gap alimony, generally cannot.
If modification is permitted, the court may consider factors such as retirement, disability, or a substantial change in either party’s financial circumstances when deciding whether to increase, decrease, or terminate alimony.
Because modification rights vary depending on when your divorce was finalized and the language of your court order or settlement agreement, you should have an experienced Fort Lauderdale order modification attorney review your case and explain your options.
Unlike alimony, child support is determined using Florida’s child support guidelines. As a result, changes in either parent’s income, the number of overnights each parent exercises, childcare costs, health insurance expenses, or certain medical and educational expenses can all affect the amount of child support owed.
If these or other qualifying changes occur, either parent may ask the court to review the existing support order and determine whether a modification is warranted.
Unlike child support or alimony, parenting plan modifications are based primarily on what is in the child’s best interests rather than financial considerations. Courts may approve modifications when changes in a family’s circumstances affect a child’s welfare, stability, or daily life.
Common reasons for modifying an existing parenting plan may include:
- A parent plans to relocate a significant distance, making the current time-sharing schedule impractical.
- A parent’s work schedule changes substantially, such as transitioning to overnight shifts, frequent travel, or weekend hours that conflict with the existing parenting plan.
- A child develops new educational, medical, behavioral, or developmental needs that require changes to the parenting schedule or parental decision-making.
- One parent repeatedly interferes with the other parent’s court-ordered time-sharing by denying visits, failing to return the child on time, or refusing to follow the parenting plan.
- Concerns arise about a child’s health, safety, or well-being because of substance abuse, domestic violence, neglect, unsafe living conditions, or other significant changes in a parent’s household.
- One parent consistently fails to exercise scheduled time-sharing, resulting in an arrangement that no longer reflects the child’s actual routine.
- A parent becomes unable to care for the child because of a serious illness, disability, incarceration, or other unforeseen circumstances.
- A child’s school schedule, extracurricular activities, or other commitments change significantly, making the existing parenting plan difficult to follow.
- As a child grows older, their needs and daily routine change to the point that the existing parenting plan no longer serves their best interests.
- The parents’ ability to communicate or make joint decisions changes significantly, making modifications to parental responsibility or decision-making authority appropriate.
Because these cases often involve disputed facts and differing views of what is in a child’s best interests, the outcome often depends on the specific evidence presented to the court.
Yes. If both parents agree to the proposed changes, they may be able to avoid a contested court hearing by entering into a written agreement. However, to make the modified parenting plan legally enforceable, the agreement must be submitted to the court for approval and incorporated into a new court order.
Without court approval, either parent may still have the legal right to enforce the original parenting plan, even if both parents have been following a different schedule.
If both parties agree to the requested changes, the modification may be approved relatively quickly after the signed agreement is submitted to the court, although the timing depends on the judge’s schedule and the court’s workload.
If the modification is contested, the process can take several months or longer. Depending on the issues involved, the parties may be required to exchange financial information or other evidence, participate in mediation, attend one or more hearings, and, if no agreement is reached, present their case at a final hearing before a judge.
The overall timeline ultimately depends on the complexity of the case, the amount of evidence involved, and the court’s calendar.
Yes. If your former spouse has filed a petition to modify child custody, child support, alimony, or another family court order, you have the right to oppose the request.
Depending on the circumstances, you may argue that no substantial change in circumstances has occurred, that the requested modification is unsupported by the evidence, or, in parenting cases, that the proposed changes are not in your child’s best interests.
Our experienced Fort Lauderdale trial lawyers can help you gather evidence, respond to the petition, and advocate for your interests throughout the proceedings.
Need help modifying an existing family law order in Fort Lauderdale?
Life changes, and family court orders sometimes need to change as well. Whether you’re seeking to modify a parenting plan, child support order, or alimony award—or responding to a modification request filed by your former spouse—the outcome depends not only on the facts of your case but also on how effectively they’re presented to the court.
At Shemtov Hillstrom, our Fort Lauderdale family law attorneys have extensive experience handling complex family law disputes both inside and outside the courtroom. We know how to build compelling cases, effectively present the facts, and advocate for solutions that protect your parental rights, financial interests, and long-term goals.
Contact Shemtov Hillstrom today to schedule a free consultation to learn more about how we can help with your Florida order modification case.