What Are Modifications And Enforcements After Divorce?
Once you have gone through a divorce, you are likely very happy to be through the process and have the final paperwork sorted. You are also probably hoping to never have to revisit that part of your life again. Unfortunately, this does not happen all the time. There are situations that can arise and you may have to seek a modification or an enforcement of a divorce order. Below, our Orlando modifications lawyer explains what these are and when you should obtain one or the other.
Post-Divorce Modifications
Your life may change after divorce and the original orders issued at the time you ended your marriage may not make as much sense several years down the road. For example, if you are paying alimony and lose your job, you may not be able to provide as much support as you could when the initial order was issued.
When you can show there has been a substantial and unanticipated change of circumstances, you can petition the court for a modification. A modification will essentially change the terms of the original order. If you are seeking to modify an order involving children from the marriage, you must also show that the change is in the best interests of the child.
If you need a post-divorce modification, it is critical that you do not make any changes until a family law judge has approved them. Changing an order, such as failing to pay alimony, without the court’s approval can result in very serious consequences. Your time-sharing schedule may change, or your future paychecks may be garnished.
Post-Divorce Enforcement
Enforcing an order is not the same as modifying one. You can enforce an order only when your former spouse is not in compliance with it. For example, if your former spouse refuses to pay child support or alimony, you can ask the court to enforce the order.
There are a number of enforcement measures the family courts use and the most appropriate one will depend on which type of enforcement you are seeking. If the issue is child support or alimony, the court may garnish your former spouse’s wages. If time-sharing is an issue, the court may grant you more parenting time or hold the other parent in contempt of court. This is a very serious charge that could potentially even end in jail time.
Our Modifications Lawyer in Orlando Can Help You Through the Process
Whether you are pursuing enforcement or a modification, the process is very complex. You will have to prove several elements of your case and doing so is not easy. At Anderson & Ferrin, P.A., our Orlando modifications lawyers have vast experience in modifying and enforcing orders. We will let you know what to expect every step of the way and make the process as smooth as possible for you. Call us now at 407-412-7041 or reach out to us online to schedule a free review of your case and to hear more about how we can assist with your case.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
