Types of Family Law Cases We Handle
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 for a Miami post-judgment modification.
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:
- Parenting plan orders, including physical and legal parental responsibility and parenting time
- Child support agreements and orders
- Spousal support (alimony) agreements or orders, provided they are not lump-sum payments
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
If you need to petition for a post-judgment modification, an experienced family law attorney can help. Contact us for a free case evaluation.
