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Miami Post-Judgment Modification Attorney

Types of Family Law Cases We Handle

Our experienced Miami divorce lawyers

Focus on helping people navigate their divorce or child custody issues with confidence and care.

When a judge issues a final order of divorce in Florida, it doesn’t necessarily mean that the provisions of the various agreements in the divorce—such as time-sharing (custody), child support, or spousal support (alimony)—must remain the same for eternity. Because family situations change as children get older or they or their parents acquire special needs, the documents that are in place to serve the family’s best interests can also change. If your circumstances have changed since your divorce, it might be time to enlist the help of a Miami post-judgment modification attorney.

What Is a Miami Post-Judgment Modification?

A post-judgment modification occurs when a party named in a judgment seeks to permanently change the court’s final orders on the matter to reflect a material change in circumstances. These modifications pertain to the custody and support agreements that were put in place during the final divorce decree.

When a Post-Judgment Modification is Needed

As mentioned, the ever-changing needs of a family through the years can result in the need to modify certain orders pertaining to a divorce. The type of changing circumstances that can result in a post-judgment modification include:

  • One parent wants to relocate far away from where the other parent lives, which can impact each parent’s parenting time
  • One parent losing their job, resulting in a loss of income that can cause them to be unable to stay current on support payments
  • One parent making significantly more money after the judgment, and there is a need for them to pay a higher level of support
  • A child develops special needs that require a higher level of support
  • One parent’s mental or physical abilities have deteriorated as a result of alcohol or drug abuse, and they can no longer safely provide care for the children or stay current with support payments
  • A party is convicted of a crime and is either incarcerated and unable to take their court-ordered parenting time or to provide the same level of support
  • One parent is interfering with the child’s relationship with the other parent, making parenting time and the transition of the child from one household to another difficult
  • One parent remarries or begins cohabitating with another person, resulting in a change in financial circumstances

Types of Post-Judgment Modifications Available in Miami

The types of court documents that can be subject to post-judgment modifications include:

Like lump-sum alimony payments, other types of court orders pertaining to assets that were dispensed at the time of the initial court decree can only be modified if it can be shown that one party obtained those assets fraudulently.

Contact a Lawyer to Help With Your Miami Post-Judgment Modification

At Vasquez de Lara Law Group, we strive to be the best family law firm in Miami and have been recognized by reputable organizations, like Expertise, Super Lawyers and Justia as a trusted and respected presence in our community.

If you need to petition for a post-judgment modification, our family law attorney can help. Contact us for a free case evaluation.

Experienced Post-Judgment Modification Lawyer

Why choose the Vasquez de Lara Law Group
Serving All Miami-Dade & Broward Counties

Top-Rated Miami Divorce Lawyers

Anxiety and stress. Fear of what’s next. Not knowing what to do. We absolutely understand what you’re going through right now is not easy.

The right legal team can give you the confidence to know you’ll get the best outcome possible.

What Our Clients Say

You Have Questions. We Have Answers.

Can we modify a parenting plan or time-sharing schedule without going to court?

If you both agree on the changes, submit a written, signed modification and a proposed order to the court. A judge must approve the new plan before it becomes enforceable. Until the judge signs, the original order remains in effect.

What is the legal standard to modify a parenting plan in Florida?

You must show a substantial and material change in circumstances and that the requested change is in the child’s best interests. Routine disagreements or ordinary life changes are usually not enough. 

How do I qualify for a child support modification?

The court may modify support when the guideline amount changes by at least 15 percent or 50 dollars, whichever is greater. If it has been more than three years since the last order, a change of 10 percent or 25 dollars can qualify. You will need current income documents to show that the change is ongoing, not temporary.

Can alimony be modified after a final judgment under the 2023 law?

Yes, in many cases. Florida eliminated permanent alimony in 2023. The amount of durational alimony may be modified or terminated under section 61.14 if you prove a substantial change in circumstances, subject to any nonmodifiable terms in your agreement. Retirement and a supportive relationship can be grounds to seek a change.

Can I get temporary relief while my post-judgment case is pending?

In many courts you can ask for temporary orders that address child support, time-sharing, or alimony while the case is underway. The judge will consider current needs and available evidence, and any temporary order stays in place until the case is resolved or the court changes it.

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