Post-judgment modifications are handled by a family court when one or both ex-spouses’ circumstances change after a final order is entered into the record. Modification involves spousal or child support, child custody, parenting plans, and other situations identified by the court. Importantly, the division of property is not subject to modification once the court makes a ruling.
To modify a judgment, the life-change must be substantial and one you did not know about or foresee when the judge entered the original decree. If you are moving because of a job, need to amend a child visitation schedule, or lost a job and are struggling to pay alimony or child support the judge granted, a Florida post-judgment modification lawyer is just a phone call away. Our experienced family attorneys are committed to getting you the best outcome possible.
Matters Subject to a Post-Judgment Modification
The original court order dictates how the parties are obligated to pay and receive support and share custody of a minor child, if one exists. Although most modifications concern alimony (Florida eliminated the concept of permanent alimony in 2023) and child support, other family issues spark modification hearings, including:
- One ex is serving a prison sentence;
- One ex was promoted at their place of employment and is being relocated;
- The former spouse ordered to pay child support is not complying;
- One ex has been diagnosed with a debilitating physical or mental disease;
- A parent is abusing the child during time-sharing;
- A parent is addicted to drugs or alcohol and is neglecting the custodial child;
- A parent receiving child and spousal support has remarried or is living with a partner;
- The parent paying spousal and child support loses their high-income job.
Any substantial change in a former spouse’s life, good or bad, can result in a situation where post-judgment modification is necessary. They should work with Florida lawyers who are skilled in negotiating post-judgment modifications.
Complying While Waiting for a Hearing
Florida encourages divorced parents to work together if a time-sharing or custody plan must be modified. If the parents agree to the changes in a parenting plan, their attorneys can draft a modification with appropriate information and file it with the court.
If one parent does not agree, the court will hear evidence about why one parent believes a modification is in the best interest of the child and why the other parent does not. While waiting for the court hearing, all obligations of the original order must be followed, whether they relate to child or spousal issues. For example, a spouse who lost a job must still pay spousal or child support until the judge amends the original order. Failing to do so can lead to fines and even jail time.
What Does “In the Best Interest of the Child” Mean?
Family courts are dedicated to making decisions concerning divorce and parenting plans based on the best interest of the children affected by the split. Although all judges are different, they all consider the child’s physical and emotional safety, and evidence of abuse or neglect can lead to a no-contact order or supervised visitation for the accused. The courts favor supervised visitation because, generally, the best interest of a child is to have a relationship with both parents. In clear cases, the judge will act to remove a child from a dangerous environment.
The courts also do not like to move a child’s residence or upset their schedules at school or with friends they have come to know. Extended family support is also considered when assessing the child’s best interest. For an in-depth discussion about amending a previous order, it is important to contact a Florida attorney as soon as possible.
Learn How a Florida Post-Judgment Modification Attorney Serves Your Family’s Best Interests Today
Although you and your ex can agree to modifications of a judge’s final divorce and parenting plan order, it should be signed, written by your attorney, and filed with the court. If you do not agree to changes, you can ask a judge to hear what you have to say, with your ex presenting their side as well.
Asking a judge to modify an order is emotional, especially when it involves money or your child’s welfare. The Florida Probate & Family Law Firm can represent your family’s best interest because we understand what the court is looking for and can vocalize your concerns in the proper ways. Call now for a free case evaluation from a Florida post-judgment modification lawyer.