Life is dynamic, and circumstances rarely remain static after a divorce or family law judgment is finalized. What once served as a fair and workable arrangement regarding child custody, child support, or alimony can quickly become outdated or even impossible to follow. When these shifts occur, or when one party fails to uphold their court-ordered obligations, Modifications and Enforcement of Orders become crucial legal necessities.

At Crag Chaderton Law, we understand that post-judgment matters are often as critical and emotionally charged as the initial divorce or paternity case. Our firm is dedicated to providing strategic and assertive representation to clients seeking to adapt existing orders to new realities or compel compliance from a non-conforming party.

Understanding Modifications in Florida Family Law:

A Final Judgment in a family law case is a binding court order, but it is not always set in stone. Florida law allows for the modification of certain aspects of a judgment if specific criteria are met. Common areas subject to modification include:

Child Custody (Parental Responsibility and Timesharing): Changes to the parenting plan can be sought if there has been a substantial, material, and unanticipated change in circumstances since the last order, and the modification is determined to be in the child's manifest best interests. Examples include parental relocation, significant changes in a parent's work schedule, a child's evolving needs, or evidence of a parent's decline in ability to care for the child.

Child Support: An order can be modified if there is a substantial, permanent, and involuntary change in circumstances (e.g., a significant change in income for either parent, a change in a child's medical or educational needs, or a substantial change in overnight timesharing). Generally, Florida law requires the change to result in a child support guideline calculation difference of at least 15% or $50.

Alimony: Alimony can be modified if there has been a substantial, unanticipated, and involuntary change in circumstances for either the paying or receiving spouse (e.g., significant change in income, cohabitation by the recipient, or retirement). Not all types of alimony (e.g., non-modifiable lump sum) are subject to modification.

Understanding Enforcement of Orders in Florida Family Law:

Unfortunately, court orders are not always self-executing. When a party fails to comply with a court's directive, legal action may be necessary to compel adherence. Enforcement actions are typically sought when there's a violation of orders related to:

Child Support Payments: Failure to make timely or full payments.

Timesharing/Visitation Schedules: Denying a parent their court-ordered parenting time.

Property Division: Refusing to transfer assets, pay debts, or sell property as mandated by the judgment.

Alimony Payments: Non-payment or partial payment of spousal support.

Parental Responsibility: Failing to involve the other parent in significant decisions or violating other terms of parental responsibility.

The most common enforcement tool is a Motion for Contempt, which alleges that a party willfully disobeyed a court order. If found in contempt, the court can impose various sanctions, including fines, make-up timesharing, attorney's fees, and, as a last resort, even incarceration to compel compliance.