Once finalized, many divorce decrees remain unchanged with both parties following the terms as written. However, sometimes there may be a situation that requires a modification to the plan. When this happens, it is wise to consult with a Fort Lauderdale post-judgment modification lawyer to ensure you understand your right to request a change or to fight back against one.
Depending on the reason for the request, you must satisfy some precise legal qualifications. A local family attorney can offer assistance and representation for all post-judgment modification matters, whether you need to negotiate with the other side to resolve these points or argue your position in a courtroom.
Reasons to Seek a Post-Judgment Modification
Either party to a previously ordered divorce decree cannot simply seek to change it because they are no longer satisfied with what it says. To seek any post-judgment modification, a person’s situation must meet a few benchmarks.
First, there needs to have been a notable change in circumstance that led to the request for modification, such as significant change in the life of either party or any children they share. In addition, this shift should be long-lasting and could not have been anticipated when the divorce decree was originally made.
A Fort Lauderdale attorney can help someone pursue or push back against a request for a post-judgment modification. Among the most common scenarios where post-judgment changes might be needed are when:
- One party is hired at a new job that will move them to a different city or state;
- One party remarries;
- One party loses their job;
- One party fails to uphold their duties as laid out under the existing order.
If the parties share a child who becomes ill or suddenly faces some other need that impacts their custodial arrangement or financial support, this could also lead to a modification. Other situations, such as a criminal conviction of one parent, concerns about the safety of the home environment, or even one parent’s failure to allow the other access to their children, may lead to a request for a post-judgment modification.
Common Types of Post-Judgment Modifications
Given the variety of circumstances that may lead to someone pursuing a post-judgment modification, there are a few standard provisions that the Fort Lauderdale attorney can assist with altering or contesting. These could include the amount and length of alimony payments and child support payments, for example. A common modification is to alter the child custody arrangement, such as when one parent is relocating.
However, it is essential to understand that even when someone is seeking a post-judgment modification, they should still comply with the provisions of the current order until the court approves the modifications. Failure to comply with the provisions of an existing divorce decree could mean that the individual runs the risk of being held in contempt by the court. They could also be forced to submit to other penalties such as back payments, fines, community service, and even jail time.
Call a Fort Lauderdale Post-Judgment Modification Attorney Today
While some post-judgment modifications may be agreed upon by both parties, these still require complete supporting documentation and must follow court procedures. A Fort Lauderdale post-judgment modification lawyer can advise you on whether the current circumstances are enough to support a request for modification.
The Florida Probate & Family Law Firm can answer your questions about a proposed modification, whether it is related to alimony, child custody, child support, or any other issue. Call now to arrange your free legal consultation with a member of our team.