Modifying Court Orders With The Help Of An Experienced Attorney
A judge’s ruling in a family law case comes with a sense of finality, which can be good or bad depending on how the ruling impacts you. But while these rulings are legally binding, they are not necessarily permanent. In time, court orders can be revisited or even modified, but you must petition the court and present a compelling case for why modification is appropriate.
As a full-service family law firm, Jeffrey Law, PA, regularly helps clients seek post-judgment modifications to orders of child custody, child support and alimony. We are also ready to help you enforce these orders if your ex-spouse or co-parent is violating them.
When And Why Can Time-Sharing Agreements Be Modified?
Courts want to provide consistency and predictability to children, and a court will not consider a petition to modify custody unless two conditions are met. First, the parent seeking a modification must show that a change in circumstances has occurred that is material, substantial and unanticipated. Second, the parent seeking to modify must demonstrate that the change would be in the best interests of the children.
Examples for seeking modification could include:
- A significant change in the daily care and medical needs of a child
- Evidence that one parent is abusing drugs/alcohol and poses a risk to the children
- Evidence that a parent who previously struggled with substance abuse has been able to maintain sobriety for a significant period and now wants to spend more time with their kids
One of the biggest reasons to revisit a time-sharing agreement is one parent’s need or desire to relocate a significant distance away. There are special procedures and considerations governing move-away cases. You should consult with an attorney right away if facing such a situation.
Modifying Alimony Awards
Whether or not an alimony award can be modified depends on a number of factors. There are many different options when creating alimony, or spousal support, awards regarding duration, payment amounts and the designated purpose of the alimony. Therefore, it is impractical to make a blanket statement here. Some alimony awards also contain provisions that say they either cannot be modified or can only be modified under certain conditions.
If you or your ex-spouse have experienced significant changes in financial circumstances or need since the divorce, please contact our firm to discuss the options available to you.
When Can Child Support Be Modified?
When either parent wants to modify child support, they must demonstrate a change in circumstances and show that the change is material, substantial, involuntary and permanent. Most often, this would be related to a major change in a parent’s income or earning capacity or the financial needs of the child/children.
Enforcement Of Court Orders
If your co-parent or ex-spouse continually violates a court order and refuses to stop, you may need to seek intervention from the court to enforce the order. We are ready to help you document the violations and argue for the appropriate remedies.
Contact A Skilled Family Law Attorney For Legal Guidance On Modifications
Jeffrey Law, PA, is based in Miami, Florida, and we proudly serve clients throughout the area. As a boutique law firm, we give each client our full attention and personalized service. To learn how we can help you, call our office at 305-874-7058, or reach us online.