To finalize a divorce, the court issues a final judgment over the case. The decree is meant to settle issues related to things like child support and time sharing, alimony and the division of assets, but it seems that very rarely does a final judgment mean that the couple is done with the Florida legal system.
Sometimes years or even just months after the divorce is finalized, ex-spouses find themselves back in the thick of the court system as they attempt to resolve issues related to the divorce decree.
Whenever a couple finds themselves back in court after a final judgment has been issued, it’s generally to pursue a post-judgment issue.
Post-judgment enforcements may become necessary when one spouse consistently violates the terms of the divorce decree or fails to comply with the timesharing schedule set forth by the judge.
Post-judgment issues may involve:
- Modification – when there has been a substantial and permanent change to one’s circumstances, a post-judgment modification may be sought to adjust things like child support or modify the existing parenting plan.
- Enforcement – when one party consistently fails to comply with the divorce decree, the order may need to be enforced in court.
- Contempt – when a Motion for Civil Contempt/Enforcement is filed in Florida, it means one party is refusing to abide by the prior court order. If found in contempt of court, the guilty party may face jail time, fees, fines, or other punishment.
At the time of divorce, the judge makes determinations based on the present situation and what’s in the best interest of the children, but it’s not uncommon for circumstances to change once you begin pursuing your new life. Post-judgment modifications and enforcements are a way to protect your rights and ensure that your ex is complying with the law.
With the holidays coming, many families struggle with understanding their options if their ex is not complying with the parenting plan.
If you are concerned about your ex’s behavior regarding time-sharing, child support or other post-judgment concerns, get in touch with us right away at the Vasquez de Lara Law Group. We offer confidential case evaluations to discuss your specific situation and can help you pursue the necessary legal action needed to protect your family and rights.