While divorce judgments are intended to apply for a long period of time, there are situations where it becomes necessary to make a change. Fortunately, Miami courts allow you to petition for a post-judgment modification. If both parties agree to the modification, they can typically have an attorney write it up and simply submit it for approval through the entering of a court order. This court order ensures that the new agreement has replaced any old agreements, as well as allow for the teeth of a court order if enforcement becomes necessary.
If there is not an agreement as to the modification, you will have to petition and appear before the court to have them make an additional judgment. Either way, you or your attorney will have to file a Petition for Modification to request the change and then bring any necessary documentation that demonstrates that there has been a substantial change in circumstances that could not be foreseen at the time of the original judgment or agreement. This proof can include evidence of income and expenses if the change is related to money. Florida Statute 61.14 demonstrates what is necessary to modify support. The following are some of the most common reasons why people seek a post-judgment divorce modification in Miami.
Modification of Spousal Support (Alimony)
If you were ordered to pay or receive spousal support, there are times when it needs to be adjusted. For example, if the person paying the support loses their job and has to take lower paying employment, that may be justification for reducing the monthly payments.By the same token if a former spouse’s needs increase due to medical issues or other unavoidable difficulties, there may be justification to increase the payments.
Modification of Parenting Time (Visitation)
If you have a Parenting Plan as part of your divorce, it may be necessary to make changes to how the parenting time is split up. This is common as children get older where their schedules, obligations, and routines can change significantly. If one of the parties is moving out of Miami, or even out of Florida, this can be even more important to figure out how parenting time will be addressed.
Modification Due to Paternity Judgment
If the divorce went through while the wife was pregnant, the relevant orders may have been written up to include the unborn child for things like child support and parenting time. This is a common way of doing things as it will help avoid needing additional court dates after the child is born. If, however, once the child is born it is learned that the ex-husband is not the biological father, it will be necessary to make modifications to the orders.
Modification Due to Unfit Parenting
Sadly, some parents become unfit to care for their children after a divorce. If your ex has started abusing the children, using drugs, or engaging in other unsafe behavior, you may petition the court to eliminate or adjust their parenting time rights. When this is the case, it is important to move quickly to protect your children. There are options within Miami courts to expedite these types of cases, so make sure to speak with your attorney if facing this situation.
Don’t Fight Alone
While post-divorce modifications aren’t uncommon, they are serious legal matters. Just like you wouldn’t want to go through a divorce without legal representation, you don’t want to seek a modification unrepresented either. If you are seeking a post-judgment modification, please contact us to speak with a Miami family attorney today.