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After a family court order has been entered, it is not uncommon for there to be a change in circumstances for either one or both parties. When this happens, a post-judgment modification may be filed to have the court reconsider the original order in light of the changes. At Winthrop Law Offices, P.A., our Florida post-judgment modification attorneys help individuals who have experienced a material (substantial) change in circumstances modify their original court orders for spousal support, child support, parenting plans, and other matters.
Conditions For A Post-Judgment Modification in Florida
There are certain prerequisites that must first be met for a Florida court to consider a post-judgment modification. They are:
- The change in circumstances must be substantial
- The change was not contemplated at the final judgment of dissolution
- The change must be sufficient, material, involuntary, and permanent in nature
What Matters Can Be Addressed In A Post-Judgment Modification
Although the matters which may be addressed in a post-judgment modification vary depending upon the terms of the original order, some of the most common issues include:
The court, however, cannot re-determine issues involving property distribution. In other words, once the court has made a determination on the division of the assets and liabilities, neither party can modify those.
When Is A Post-Judgment Modification Needed in Florida?
There are various scenarios in which a post-judgment modification may be needed. Some of the most common include:
- One party to the agreement is relocating
- One party has been incarcerated
- One party has had a change in financial circumstances, i.e., loss of job, or a new job
- One party has a new spouse or is cohabitating with a new partner
- One party has become addicted to drugs or alcohol
- One party has deteriorated mentally, physically, or both
- One party is not meeting its obligations under the current order
- One party interferes with the other party’s relationship with the minor child(ren)
- One party is not satisfied with the current timesharing / visitation arrangement
It is important to note that the filing of the modification does not mean you are no longer obligated to comply with the terms of the order. Until the petition for the post-judgment modification is heard and a decision rendered by a judge, you are still under an order to comply with the original order. For example, if you lost your job and are petitioning the court to modify the amount of child support (or alimony) you pay, you must still pay the amount ordered until the modification has been heard. Failure to do so may result in incarceration and/or monetary fines.
Change In Circumstances? Let Our Florida Post-Judgment Modification Attorneys Help You
If a material (substantial) change has occurred that you believe requires a change in the family court order you are currently ordered to follow, contact our firm to determine how we can assist you in having the judgment modified. We have experienced Florida post-judgment modification attorneys that possess the skill needed to have the court reconsider a previous order.