Modification and Enforcement of Family Court Judgments and Decrees
Whether ordered by the court or stipulated between divorcing spouses, such continuing obligations as child support, alimony or timesharing arrangements can be revised as necessary to meet changed needs and circumstances. They can also be enforced if they go into default.
If you need an attorney's advice about your legal and practical options for changing or enforcing the terms of a family court order, contact a Fort Lauderdale post-decree modification attorney at the law firm of Robert J. Moraitis, P.A. With more than 25 years of South Florida family law experience, we know how to evaluate modification proposals and show judges what they need to see to make a favorable ruling. We also know how to pursue your rights and remedies in the event of a defaulted obligation.
Understanding Your Rights on Modification Issues in South Florida
Florida law anticipates that people will sometimes need to change the terms of alimony, child support or timesharing arrangements, but the party seeking the change will need to present a strong case if the other side objects.
The key issue generally involves the nature and significance of the changed circumstances that support the modification proposal. For example, if you quit your job, the voluntary nature of your resignation means that you probably won't get a reduction in child support payments. If you get laid off, however, you probably will. The change must also be substantial and material, that is, it significantly affects a need or ability to pay a particular obligation or perform under a parenting plan. We can advise you about the strength of your alimony or child support modification proposal, and present the case in its most effective terms.
Enforcing Your Rights Under a Florida Family Court Order
On the enforcement side, the usual practice is to give the party in default a reasonable chance to cure arrearages, then have your lawyer apply to court for any of a number of remedies: wage garnishment, an order of contempt, or taking action against a driver's license, professional license or fishing license. An order of enforcement will also usually award attorney's fees to the prevailing side. We know how to get a defaulting party's attention and get moving toward positive action.
For more information about your rights in Florida post-judgment modification or enforcement proceedings, contact the Fort Lauderdale office of Robert J. Moraitis, P.A.
