Seeking a Post-Judgment Modification in Advance of the Holidays

Welcome to the most stressful time of the year. For divorced families navigating the span of late-November into January can be one headache after another, especially if you’re trying to negotiate with an uncompromising ex, or if your circumstances have changed such that abiding by the existing court order has become extremely challenging.  

While admittedly this is one of the busiest times of the year, that doesn’t mean you should delay taking action if you need to seek a post-judgment modification through the Florida courts. 

What constitutes a post-judgment modification?

When a divorce is finalized, the judge issues the divorce decree which is meant to be permanent. Any change sought after the final judgment would require the seeking party to request a post-judgment modification. (Read more to learn about when you might need to seek post-judgment enforcement.)

In order for the judge to approve an adjustment to things like time sharing or child support, there are specific conditions you must first meet. 

Specifically, there must have been a substantial and permanent change to one’s circumstances in order for your request to be considered. That means the change could not have been anticipated at the time of initial ruling.

In making a determination, the judge will evaluate the child’s well-being and ensure that any decision regarding a post-judgment modification continues to prioritize what is in the best interest of the minor children involved.

We recognize that pursuing a post-judgment modification is not high on anyone’s list of fun things to do this holiday season, but it may be necessary. If you have questions about whether or not you should seek a post-judgment modification or what to expect when doing so through the Florida courts system, get in touch with our family law team at Vasquez de Lara Law Group. We can schedule a free case evaluation to discuss your specific situation.

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