The Difference between Post-Judgment Modifications and Post-Judgment Enforcements
November 11, 2021
Post-judgment issues involve legal action that needs to be taken after a prior judgment has been issued by the courts – often that is the decree issued during the final divorce proceedings.
The need for a post-judgment may be related to concerns regarding spousal support or alimony, child support, or compliance with the parenting plan. By pursuing a post-judgment modification or post-judgment enforcement with the Florida courts, you may be able to adjust your settlement agreement to fit your current situation or enforce your current one if your ex is not abiding by its terms.
Post-judgment modification
The courts acknowledge that situations may change as couples move on with their lives and children grow. The original divorce agreement or parenting plan may no longer fit the current circumstances.
Post-judgment modifications may be allowed in instances when there has been a substantial change in circumstances – something that is permanent, significant and could not be seen at the time of judgment. The modification must also remain in the best interests of the children.
Examples of when one might seek a post-judgment modification include if your work schedule has permanently changed or if your ex has moved farther away. These may constitute modifications to the existing court order.
Post-judgment enforcement
Enforcement action becomes necessary when one party violates the terms and conditions of the final divorce judgment. By pursuing post-judgment enforcement in Florida, you are asking the courts to make sure your ex complies with whatever issue is at hand – be that a timesharing conflict or failure to pay child support or spousal support. You are not requesting any changes to the existing judgment; rather, you are seeking enforcement of the issue.If you’re in a position where you’re considering a post-judgment modification or enforcement, we know how difficult of a time this is for you, and we’re here for you. Don’t hesitate to get in touch with us anytime for help. Contact us at the Vasquez de Lara Law Group today
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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