Miami Family Law Attorneys Assist with Actions for Post-Judgment Enforcement and Modification
Effective representation for parties on either side of a conflict
If you’ve been through a divorce, you’re probably in no hurry to go back to court, and you realize the judge is not terribly anxious to hear from you. So, if your ex isn’t completely compliant with your divorce decree, you may be willing to let it go. However, if your ex ceases to pay court-ordered support, deliberately interferes with your parenting time, or your circumstances change to the point where your court order no longer makes sense, it’s time to get help. At Rafool, LLC, our family law attorneys regularly assist clients with post-divorce motions for enforcement or modification. There’s no reason to suffer silently while your rights are being eroded. We can help you resolve the conflict with your existing court order before you reach the point of frustration, for your good and the good of your children.
Enforcing and modifying your parenting plan in Miami
Your court-approved parenting plan lays out your right to spend time with your children, either by having them live in your home or by having frequent, meaningful visits. Some parties create a detailed plan accounting for every contingency in their lives. Others come up with a plan that is simply an outline, which the court trusts they will honor in good faith. But with either type of plan, the parties must pledge to support each other’s access to the children. Without that commitment, any plan will break down. Fortunately, when there is a pattern of interference or parental alienation following a divorce or breakup, the court can issue orders to enforce the existing plan or modify the plan to ensure an aggrieved parent has proper access to the children.
Modification is also possible when a parent’s circumstances have changed. This includes instances where a parent has:
- Changed jobs, giving them more time to act as a primary caretaker
- Overcome substance abuse
- Completed an anger management course
- Moved to a location that is appropriate for children
A modification may also be appropriate when a custodial parent wants to relocate with the children at a distance that would burden the other parent’s visitation rights.
Modification of child and spousal support orders
Parties who are paying child support or alimony can run into financial problems that make those obligations unreasonably burdensome. Prolonged unemployment or illness can prevent a parent from meeting child support obligations. Under Florida law, the court can modify a support order if the paying parent has suffered a substantial reduction in income that results in a reduction of support by at least 15 percent or $50 (whichever is greater).
On the other hand, a child can develop health problems or other special needs, prompting a custodial parent to ask for an increase in support. Increased support might also be warranted if the custodial parent suffered a substantial reduction in earnings.
As for spousal support, there are many circumstances in addition to the supporting spouse’s financial reversal that would justify a reduction or elimination of support, such as:
- A supported spouse’s remarriage
- A supported spouse’s cohabitation
- A supported spouse’s increase in income
However, in cases of child support and alimony, the old order remains in place until a court issues a new order. That means the obligor must continue to pay or face potentially severe enforcement measures, which include:
- Garnished wages
- Tax refund intercepts
- Suspension of driver’s license, sporting license, and professional license
- Property liens
- Jail for contempt of court
To avoid these sanctions, the party paying support must act quickly to get a modification before letting support payments lapse.
Contact our Miami family law firm for advice on post-divorce legal actions
If your divorce decree is causing undue hardship and frustration, it may be time to petition the court for enforcement or modification of the terms. Our experienced family law attorneys are ready to help. For immediate assistance, call Rafool, LLC, at 305-567-9400 or contact our Miami office online to schedule an initial consultation.