Final judgments and marital settlement agreements legally set forth a Florida court's order or the parties' agreement regarding a range of issues that may include time sharing, child support and alimony.
For some couples, the day that the Florida dissolution of marriage is finalized, there are no longer any obligations to tie them together. There may be no alimony to pay and no children to co-parent. For a large percentage of divorcing couples, however, there is some sort of continued connection, whether through alimony payments or an ongoing co-parenting relationship. Whatever the connection, many divorced individuals will face changing circumstances through their life.
That is where post judgment modifications come in.
Florida Post Judgment Modifications
Following a Florida divorce, there are an endless number of circumstances that can change over time and cause one party to seek a modification of a final judgment. For example, one parent may want to relocate with the children out of state or may want to reduce the amount of child support they pay because of a change in employment.
Alimony payments and child support payments, as well as visitation and custody agreements, can all be made through a judgment modification process. In fact, it is common for judgments and agreements to be modified as many as three times, particularly when children are involved.
Regardless of the reason, the burden is on the party seeking the modification to prove that there has been a substantial change in circumstances that will justify a judgment modification. A modification of alimony or child support payments, for example, must be the result of an involuntary change in your financial situation. Quitting your job is voluntary and will not justify any relief, while being laid off is usually considered involuntary.
For any modification of a final judgment, the steps are similar to that of the original case, but more limited in scope.
Florida Judgment Enforcement
Unfortunately, there is always a chance that one party will not hold up their end of the bargain after a divorce has been finalized. Some parents don’t pay their child support or alimony, refuse to sign deeds to transfer title to the home, or do not adhere to visitation schedules. There are many ways in which a final judgment may need to be enforced. The good news, however, is that a divorce decree will always be an enforceable court order and Florida family courts retain the ability to enforce judgments for as long as necessary.
The enforcement of a Florida divorce judgment is a relatively swift process compared to most other family law matters. First, a motion is filed with the court that details the problem. Your former spouse is then notified of the motion and a hearing is set. Following the hearing, a judge can compel compliance numerous ways, including wage garnishment and jail time, depending on the nature of the problem.
Hiring an Attorney to Handle Judgment Modification & Enforcement
Judgment modifications and enforcement are a fact of life and anyone seeking changes to or the enforcement of their divorce decree, or whose former spouse is seeking modification or enforcement needs a skilled family law attorney on their side.
The knowledgeable staff from the Law Offices of Stephen K. Miller, P.A., serves as advocates for our clients when there is a need for the modification or enforcement of their Florida divorce agreement.
When it comes to a divorce, there is too much is at stake to go it alone.
Contact Us today for aggressive, personalized service from one of our skilled Florida divorce attorneys.
