Divorce Modification Enforcement
Occasionally after the court grants a divorce, the situation may change that warrant the modification to the divorce details, be it child support, alimony, or the custody of the child. There are various reasons that can make the modification to divorce necessary, such as relocation, change in the financial status of a spouse, or a change in availability. Petitioning the court may be necessary when the two parties are not reaching a decision on their own.
There are occasions when the two parties decide that they are not going to adhere to the terms of the court order. For enforcing the alimony, child support, or visitation standards, it may be necessary to take the other party to court and settle the issue. The court has the authority and power to impose powerful remedies in cases which include contempt of court, imposing liens for compelling payment, and wage garnishments for nonpayment.
Contact a knowledgeable and reputed Florida lawyer to begin the process, and take the right steps for protecting your family.
Modification in Divorce
After the final judgement is entered in a divorce case, one of the parties may have change of circumstances which would require a modification of the said judgement.
What can be modified?
Parties may seek to modify the following, including, but not limited to:
- Child support
- Parental responsibility
- Child custody
- Time Sharing
How can the final judgement be modified by an applicant?
If both parties are in agreement with the proposed modification, then the parties can draft an agreement stating the modification terms clearly. However, when both parties are not in agreement, the party who is requesting the modification must file a supplement petition for modification, setting forth what they wish to modify. The supplemental petition must also state the substantial change in the circumstances that has occurred from the time when the final judgement was entered, and then explain why the requested modification is warranted. In the cases of modification, the parties are often ordered to attend mediation in an effort to resolve the issue prior to the hearing. If the parties are not able to come to an agreement, then the court will then hear the matter and make an appropriate determination.
We have the best lawyers for consulting and beginning the process of divorce modification. You can take the right steps for protecting your family by hiring an attorney for your case.