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.
About the Author
Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.
A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.
Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.
Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.
Connect with Vanessa:
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