Parkland Post-Judgment Divorce Lawyer
Help with Post-Judgment Divorce Matters from Experienced and Successful Parkland Family Lawyers
A final judgment of divorce is meant to be just that – final. However, there are times when circumstances change that make the existing child custody or alimony arrangement appear unfair or unworkable. Making a change to court orders requires going back to court, and if only one party wants the change and the other party opposes it, expect that litigation will be necessary to resolve the matter. The Parkland post-judgement divorce lawyers at HVW Law Group have a strong litigation background and can ably represent you in a post-judgment relocation, modification or enforcement issue. Call our office for help with post-judgment matters in Broward County or Palm Beach County family court.
Parental Relocation Issues
When divorced parents share custody of their children, any significant move by either parent could wreak havoc on the existing timesharing and parenting plan put in place during the divorce. If the parents cannot agree to the relocation and come to an understanding regarding the timesharing schedule and transportation issues involved, then the parent seeking relocation has to first go to court and file a petition for relocation. If that petition is contested by the other parent, litigation will most likely be required.
A relocation under Florida law amounts to any move by a parent of his or her principal residence that meets the following two conditions:
- The move is 50 miles or more from the current residence
- The move lasts for 60 consecutive days or more
Modification of Alimony or Child Support
Depending upon the type of alimony awarded, spousal support may be paid for a fixed period of time or until some event occurs, or it may last indefinitely. Alimony can be terminated early if the receiving spouse dies, remarries or fails to live up to the terms of a rehabilitative alimony award. Short of termination, there may be reasons an alimony payor or recipient feels the need to modify the length or amount of an alimony award (some types of alimony can’t be modified, such as Bridge-the-Gap alimony of the duration of Durational alimony).
Common reasons for a change in support include an increase or decrease in the income of the paying or receiving spouse, loss of job by the paying spouse, or a change in a spouse’s or child’s expenses and needs. Modification of alimony or child support requires going to court and proving the existing of a substantial and lasting change in circumstances that justifies a modification. The other party may oppose the modification, requiring the judge to decide the matter after a period of litigation and hearings in court.
Enforcement of Court Orders
If a former spouse is not making child support or alimony payments on time, or a parent is not complying with child custody exchanges or other aspects of the timesharing and parenting plan, then intervention by the courts may be needed to enforce court orders post-judgment. Courts have many legal tools at their disposal to enforce their orders, including:
- Civil contempt, which can include incarceration
- Wage garnishment
- Interception of tax refunds
It may not be necessary to run to court every time your ex misses a payment or a child drop-off. Our lawyers can help to encourage compliance informally or through other legal means short of litigation. However, if the best means of resolving your post-judgment enforcement issue involves the courts, our experienced litigators provide excellent and effective representation in Palm Beach and Broward County family courts.
Call the Parkland Family Lawyers at HVW Law Group for help with Post-Judgment Issues in Broward County Family Court
For help with a relocation, modification, enforcement or other post-judgment matter in Broward County or Palm Beach, contact HVW Law Group at our offices in Parkland and Boca Raton.