Taking A Personal Approach To Your Family Law Matter

Divorce Modification Attorney In Fort Lauderdale

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A modification may be necessary for several different reasons. When the terms of your divorce or child custody agreement no longer fit your situation, you may go back to court to ask the family law judge to make modifications. With over 25 years of legal experience, the Fort Lauderdale family lawyer at Lorri K. Fishman, P.A., can help you make these necessary changes.

Modifications can be made for a variety of different substantial and material changes in circumstances. Below are a few common examples that could be possible grounds for modification:

Change of employment or job schedule
Loss of employment or significant reduction in income
Relocation – moving out of state or a significant distance
Allegations or findings of abuse, neglect, or domestic violence
A substantial change in the child’s educational, medical, or emotional needs
Substance abuse or criminal activity by a parent
Incarceration of a parent
Remarriage or cohabitation with a new partner that impacts the child
The child’s preference (when the child is of sufficient age, intelligence, and maturity)
A parent’s active military deployment affecting timesharing
Disability, Illness, or incapacity of a parent
Parental alienation or interference with timesharing, or a parent’s failure to comply with the existing parenting plan or court order

There have been recent legislative changes in the standard for seeking a Modification of a custody determination or agreement. As of 2023, Florida law no longer requires that a change in circumstances be “unanticipated” in order to modify a custody schedule. Accordingly, when seeking to modify an existing Parenting Plan (custody arrangement), the key is to demonstrate that there has been a substantial and material change in circumstances, and that the proposed modification is in the best interest of the minor child.

With respect to alimony, a modification may be sought when there has been a substantial and material change in circumstances; however, the change must also be permanent, involuntary, and not contemplated at the time of the most recent alimony award.

If your current court order no longer reflects your reality, I’m here to help. With over 25 years of experience handling complex family law matters, I can guide you through the process of seeking the changes you need.

Why Do I Need A Modification?

As your life changes, court rulings may need to change as well. A decision that may have worked for you 2, 5, or even 10 years ago, may not be one that works today. Obtaining a modification to a court ruling can be a difficult process, as a seasoned Fort Lauderdale divorce lawyer Lorri K. Fishman, can guide you through this complex legal process. At Lorri K. Fishman, P.A., we understand from personal experience why modifications are sometimes necessary, and we are here to help you.

How Do Modification Requests Work In Florida?

Florida law allows for modifications if your life circumstances have materially and substantially changed since your divorce or custody order. However, the process depends on how both parties respond to the requested change. There are two main paths to obtain a modification:

Uncontested Modification: If both parties agree on the changes, such as parenting time or child support, you can file an uncontested Petition for Modification, and submit the new proposed agreement to the court for approval. This option is faster and avoids the courtroom all together in most situations.

If both parties are in full agreement, you may not need a court hearing. Instead, the judge may approve the modification agreement and grant the Modification, without the need for a formal trial.

Contested Modification If you cannot agree, one party may file a petition to modify the existing order. This means going back to court and proving that a substantial material change in circumstances, (and when applicable, the best interest of the minor child) warrant the modification.

Court approval is always essential to make any permanent Modification to an existing custody Agreement (Parenting Plan) or Divorce Agreement (Marital Settlement Agreement) legally enforceable. Without it, any informal agreement will not be recognized or upheld by the Court. For this reason, securing experienced legal representation is critical to protect your rights and to ensure the modification process is handled properly and in accordance with Florida law.

What Documentation Is Needed to Request a Modification?

When requesting a modification of a divorce, alimony, or custody agreement, documentation is critical—especially in contested cases. Courts require clear, compelling evidence that a substantial and material change has occurred.

Examples of helpful documentation include:

Pay stubs, tax returns, or updated financial affidavits – to demonstrate a change in income or financial status
Job loss notices, reduction in hours, or proof of new employment
Relocation documents, such as moving receipts, lease agreements, or employer transfer letters
Medical records or healthcare provider letters – showing chronic illness, disability, or increased medical needs of a parent or child
Educational or behavioral reports – to show evolving needs of the child that require a revised timesharing schedule
Written communications, such as texts, emails, or letters between parties, especially those showing disputes, agreements, or lack of compliance
Criminal records, restraining orders, or DCF findings – if safety, abuse, or substance abuse issues are raised
Copies of prior court orders or marital settlement agreements

Having well-organized and persuasive documentation can make or break your case. I work directly with clients to identify, compile, and present the strongest evidence possible to support your request.

Can You Modify a Divorce or Custody Agreement After Moving Out of State?

Yes—but whether Florida still has jurisdiction to hear your case depends on specific legal factors. Jurisdictional issues can be especially complex in cases involving timesharing or child support.

Here’s how it may work:

If Florida issued the original order and the other parent still resides in Florida, Florida generally retains continuing exclusive jurisdiction to modify the order.
If both parties have permanently relocated out of state, jurisdiction may shift to the child’s new home state. In that case, you may need to file a motion to transfer the case to the appropriate court.

Even if you’re no longer living in Florida, and no case was ever filed in Florida, Florida may still be the appropriate venue for initiating a dissolution, custody or child support action if the child lived in Florida for at least six consecutive months prior to relocation.

Because jurisdiction depends on a combination of legal timing, residence history, and existing orders, it’s crucial to consult with a knowledgeable and experienced family law attorney before relocating or attempting to modify your agreement. At Lorri K. Fishman, P.A., I can help you navigate these complex legal issues and ensure your case is filed in the correct court to protect your rights and your child’s best interests.

you may still be required to file your modification here unless jurisdiction has been lawfully transferred. This is why it’s so important to speak with a knowledgeable attorney before taking action, and especially before relocating with a child.

What Steps Should I Take to Modify Terms of My Agreement?

Whether you’re looking to modify alimony, timesharing, or another part of your divorce or custody agreement, the process can feel overwhelming. I’m here to simplify it for you. Here’s what you can expect when working with me:

1. Free Initial Consultation

Call my office to schedule a free phone consultation. We’ll review the facts of your case, discuss what has changed, and determine whether your situation meets the legal standard for a modification.

2. Strategic Case Review

I’ll assess the strength of your claim and help gather the necessary documentation to prove a substantial and material change in circumstances, and any other relevant requirement to your specific modification.

3. Filing the Petition

If a modification is warranted, I’ll prepare and file a Supplemental Petition for Modification with the appropriate court. This may be done as an uncontested matter (when both parties agree) or a contested one (if litigation is needed).

4. Negotiation or Court Representation

If both sides agree to the changes, we can submit a signed agreement for the judge’s approval—often without a hearing. If not, I’ll advocate for you in court and work to secure the outcome you need.

Why It’s So Important to Have Legal Representation

Modifications are not automatic. Judges are bound by specific legal standards, and mistakes in filing, inadequate evidence, or missed procedural requirements can result in your petition being denied, or even dismissed. Moreover, informal agreements between parties are not enforceable unless approved by the court. Without a formal modification, you could be held in contempt or lose critical legal rights.

Personalized Legal Support from a Boutique Family Law Firm

As a boutique law firm, we pride ourselves on providing individualized attention and direct access to your attorney, not answering services or endless voicemails with no return call. You’re not just a case number here. Our clients are real people with real families, and we take that responsibility seriously. We understand how sensitive and personal these matters are, and we’re committed to guiding you through them with compassion, transparency, and skill. When you call my firm, you speak directly with me. I offer honest guidance, practical solutions, and aggressive advocacy when it matters most.

At Lorri K. Fishman, P.A., we don’t just handle cases, we help families through life’s hardest transitions with care, clarity, and commitment. I understand that life changes, and court orders sometimes need to change too. With over 25 years of experience, I’ve helped countless clients successfully modify their divorce and custody agreements. Let us help you find clarity and confidence in your next chapter. Call Lorri K. Fishman, P.A. today at 954-928-9832 today to speak with us directly and schedule your free consultation. Your family matters to us. Let us help you protect what matters most.