Post-Decree Modifications In Florida

In this article you can discover:

• The different types of post-decree modifications in Florida.
• The requirements and considerations you’ll want to keep in mind when seeking a post-decree modification.
• How a family law attorney can help you succeed in a modification or enforcement case.

Why Would I Seek An Action After A Decree Has Been Finalized?

In Florida, a divorce decree is meant to be the court’s final judgment dissolving a marriage. In addition to legally ending a marriage, a divorce decree lays out the terms of a divorce including the division of assets and property, child custody, and child support.

After a divorce decree has been finalized, you might consider filing a post-decree action to:

• Enforce the final judgment where the other party is not obeying the terms of the divorce decree.
• Hold the other party in contempt for violating the terms of the final judgment.
• Modify the terms of the final judgment where there has been a substantial change in circumstances.

Can The Division Of Assets Or Property Be Changed After A Decree Is Finalized?

Once marital assets and property are divided in a process known as “equitable distribution,” the final judgment typically cannot be modified. There are, however, limited circumstances where a modification may be allowed to enforce the final judgment.

For example: if the other party was ordered to pay you a lump sum of money and failed to do so, the court might award you another asset, such as a 401K or retirement account, worth approximately the same amount of money you are owed.

Does The Modification Have To Be Handled By the Same Judge Who Handled The Decree?

Modification cases are often heard by the same judge who handled the decree, but not always. While “shopping” for a favorable judge is not allowed, knowing who the judge will be can be extremely useful in developing a strategy for your case. The presiding judge in your modification case is determined by factors such as:

• The county the modification is filed in.
• The division the decree was handled in.
• The judge’s rotating schedul

Can I Hire Your Firm To Assist Me With A Modification If A Different Attorney Handled My Divorce?

Our firm can assist you with a modification whether we handled your divorce case or not. Regardless of who represented you in your divorce, you have the right to hire any attorney you choose to represent you in your modification case.

Do I Have To File For A Modification Of A Decree In The Same County Where The Divorce Was Granted?

If you still reside in the county where the initial case occurred, you typically must file the modification in that same county. There are a few instances, however, where a modification can be filed in a different county or state from the original action.

What Are My Options If The Proposed Custody Or Support Enforcement Is Unworkable And Not In The Best Interest Of My Child?

Your options depend on the reasons why the final judgment is not working. Modifying a custody or support order requires proof that:

1. There has been a substantial, involuntary, and unanticipated change in circumstances, and
2. A modification is in the best interest of the child.

The inability to co-parent or get along with the other parent alone is not enough to warrant a modification. Circumstances such as incarceration of a parent or a serious medical diagnosis, however, could warrant a modification if it is in the best interest of the child.

If you are experiencing issues related to child support or custody and a modification is not feasible, there may be other solutions our firm can assist you with. For example, it may be beneficial to petition the court for a parenting coordinator or request family therapy. Additionally, if your ex isn’t following the terms of the final judgment, you can file a motion to enforce it.

Can I Hire Your Firm To File A Petition To Modify A Family Court Order In Florida?

Our firm can assist you with any post-divorce matter in family court and determine the appropriate action to file. This may include filing a:

• Supplemental petition for modification
• Motion for contempt
• Motion to enforce
• Another post-judgment motion

Do I Have The Right To Defend Myself Against A Motion To Enforce A Custody And Support Order In Family Court?

You have the right to defend yourself in any motion brought against you in family court. It is important to understand, however, that the court expects both parties to follow the terms of the final judgment whenever possible.

One parent’s failure to obey the court order does not automatically give the other parent the right to disobey it. If special circumstances are preventing you from following the terms of the final judgment, you may have a legal basis to modify it.

Why Do I Need A Florida Family Law Attorney To Represent Me In An Action For Enforcement Or Modification Of Custody Or Support?

Just like a divorce case, a post-decree motion for modification or enforcement can significantly impact your family and assets. A family law attorney will not only explain the law to you in terms you understand but can lay out your options and help you determine the best course of action.

A simple consultation could save you precious time and money that would be wasted by filing a motion with no legal basis. In the alternative, when it is necessary to litigate a claim in court, an experienced family court attorney will fight for your rights and do their best to help you obtain the most favorable outcome possible.

For more information on Post-Decree Modifications In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (813) 519-5919 today