What is the Post-Judgment Divorce Process in Florida?

Divorce is stressful. For many people, reaching the end of the process brings a lot of relief. However, assuming there are ongoing post-divorce obligations, it might not be the end of the family law case. In Florida, a post-judgment modification may be an option, or even necessary, in some cases. At Williams & Varsegi, LLC, we help clients navigate post-judgment modifications. Here, our Boca Raton post-judgment divorce lawyer provides a more detailed overview of the law and process.

The Final Judgment Remains Unless and Until the Court Changes It

First and foremost, it is important to emphasize that a Florida final judgment of dissolution establishes the parties’ enforceable rights and obligations regarding alimony, child support, parental responsibility, time-sharing, property distribution, and related matters. In other words, neither former spouse can unilaterally disregard or revise those terms.

Note: Equitable distribution generally cannot be relitigated through an ordinary modification petition. Challenging a final property determination typically requires a timely rehearing, appeal, or motion for relief from judgment based on one of the limited grounds recognized by Florida Family Law Rule of Procedure 12.540.

A Modification Generally Begins With a Supplemental Petition

A former spouse seeking prospective relief ordinarily files a supplemental petition under the original dissolution case number. Florida provides separate approved forms for modifying parental responsibility or time-sharing, child support, and alimony. The petition must identify the existing judgment, allege the material facts supporting modification, and specify the relief requested. The responding party must be properly served and given an opportunity to answer or file a counterpetition.

The Legal Standard Depends on What is Being Modified

Different post-judgment issues are governed by different standards. For example, a parenting plan or time-sharing schedule may be modified only upon proof of a substantial and material change in circumstances and a determination that the requested modification serves the child’s best interests. Alternatively, child support may be modified following a qualifying substantial change, and a guideline difference of at least 15 percent or $50, whichever is greater, may establish the necessary change. Along the same lines, alimony modification depends partly on the form of the award. Bridge-the-gap alimony is nonmodifiable, while rehabilitative and durational alimony may be modified or terminated under specifically defined circumstances.

Enforcement and Modification are Separate Post-Judgment Remedies in Florida 

When a former spouse violates the judgment, the appropriate remedy may be enforcement rather than modification. A party can file a motion for civil contempt or enforcement seeking payment of arrears, compliance with support obligations, or other coercive relief. In child support contempt proceedings, the court must address the obligor’s present ability to comply and ability to satisfy an appropriate purge condition.

Call Our Boca Raton Post-Judgment Divorce Attorney Today

At Williams & Varsegi, LLC, our Boca Raton family law attorney has the experience to handle post-judgment divorce cases. We are here to help you find the best solutions. Call us now or contact our family law team online to arrange your completely confidential, no obligation consultation. From our Boca Raton office, we handle post-judgment divorce matters throughout South Florida.

Source:

flcourts-media.flcourts.gov/content/download/326856/file/…