The Difference between Post-Judgment Modifications and Post-Judgment Enforcements
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
Author Bio
Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 18 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.
Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.
