Fla. Stat. § 61.13

Modifying Orders

A divorce judgment isn’t always final. When life changes substantially, Florida lets you ask the court to modify time-sharing or support — but the bar is real. Here is the standard.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

The Substantial-Change Standard

To modify a time-sharing or parenting order, you generally must show a substantial and material change in circumstances that was not reasonably contemplated at the time of the original order — and that modification serves the child’s best interest.

The Governing Statute
Fla. Stat. § 61.13 — Modification of Parenting and Support Orders
"A modification of a parenting plan and time-sharing schedule requires a determination that there has been a substantial and material change in circumstances and that modification is in the best interests of the child."
Read the full statute on Online Sunshine →

For child support, the change must typically be substantial (often measured by a significant percentage change in the guideline amount). For alimony, the 2023 reform added specific modification pathways, including retirement.

What Can Qualify

  • A significant, involuntary income change for either parent.
  • A parent’s relocation (including a move within 50 miles, under the 2023 change).
  • Changes in the child’s needs or a parent’s ability to care for them.
  • A parent’s conduct affecting the child’s welfare.

Frequently Asked Questions

Can you change a custody agreement in Florida?
Yes, but you must show a substantial, material, and unanticipated change in circumstances since the last order, and that the change is in the child’s best interest. Courts do not modify time-sharing lightly — the standard is meaningful.
What qualifies as a substantial change for modification in Florida?
Examples include a significant involuntary income change, a parent’s relocation, changes in the child’s needs, or a parent’s conduct affecting the child’s welfare. The change generally must not have been reasonably anticipated when the original order was entered.

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This page summarizes Fla. Stat. § 61.13 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.